Haney v. Tempest

This action was brought upon a promissory note for one hundred and fifty dollars. The defendant admitted the execution of the note but alleged that the consideration upon which it was given had entirely failed.

Upon the trial, the defendant offered to read as evidence, for the purpose of proving the consideration of the note sued on, a deed which was executed to him by the payee of the note — ‘ both the writings having been executed on the same day. The court decided that the deed could not be used as evidence, and to that decision of the court the defendant excepted.

The deed seems to have…