Waln v. Waln

The opinion of the court was delivered by

Beasley, Chief Justice.

This was a suit on a- promissory note made by the defendant, George Wain, payable to-one Sarah W. Hendrickson, who, many years after its-maturity, had assigned it to the plaintiff. The sole defence interposed was, that the payee of the note, Mrs. Hendrickson,, whilst she held it, had released the debt by a formal instrument under her hand and seal.

The reply on the side of the plaintiff to this attempted bar-was, that the so-called release was not the deed of Mrs. Hendrickson, and that lady, as a witness, testified that the…