Jennings v. Osborne

McAdam, Ch. J.

The action was brought on two promissory notes made by the defendant—one for $500 and the other for $1,000. The sole defense pleaded is payment. Upon the trial, the defendant undertook to prove his defense, in three different ways, two of which are unobjectionable, and one is fatal to the verdict, which was in his favor.

First. He proved conversations had between the intestate in his life-time, and third persons, in which the *196payment was acknowledged. This mode of proving payment is unobjectionable.

Second. He proved conversations with the plaintiff, who is the administrator of…