Mallett v. Swain

By the Court :

We see no reason to doubt the correctness of the opinion in this case of Department Two of this Court, filed March 19th, 1880. The further point, not mentioned in that opinion, is made, that even if Swain did execute the notes in suit, if they were by Mallet placed in a box in Swain’s keeping, Swain having no knowledge that the notes were in the box, Mallet’s object in so placing them being that he might swear that he had no property, and so avoid payment of his obligation to another party, such action on the part of Mallet would relieve Swain of his indebtedness to Mallet on…