Mondle v. Martin's

Judgment and order reversed upon the law and the facts, and a new trial granted, with costs to abide the event. We think the admission of plaintiff’s letter of September 28, 1922, was error. This letter was admitted by the learned trial justice “ not as proof of any facts stated in it, but merely as proof of the claim which the man says that he made on the repr. sentative of the defendant.” But the plaintiff had already testified that he had informed defendant’s secretary of just what he claimed. The letter was merely a self-serving declaration, and in a case depending upon the evidence of…