Green v. . Disbrow

We think the referee erred in receiving evidence of the pecuniary inability of the son, upon the question whether the plaintiff gave credit to him or to the father. It was not legitimate evidence, and had no direct bearing upon the question. At most it only tended to create a moral probability, that the plaintiff would have been more likely to give credit to the father, but it is too uncertain and remote to afford any reasonable presumption of the principal fact. No fair inference can be drawn that one person received credit instead of another, because he happened to have the most property.…