Kelso v. Frye

OPINION of the Court, by

Judge Qwsxey.

Kelso, the assignee of Dunham, Grove & Co. brought this suit for the purpose of recovering of Frye the amount of a note given by him to the company; and the only question we shall notice is, whether the court erred in permitting the evidence introduced by Fry for the purpose of impeaching the validity of the note?

The note appears to have been given to the company for the price of a clock sold to Frye, and the evidence objected to is a writing under the hands of the company, of the same date of the note, warranting the clock, and containing a promise that…