Evans v. Murphy Varnish Co.

Hr. Justice Cary

delivered the opinion op the Court.

The appellee sued the appellant upon a promissory note, the declaration containing one special count describing the note, and common counts.

The appellee needlessly proved by a witness the amount due upon the note. The computation could have been made by the jury without help. In practice it is usually stated by the attorney, and his statement accepted by the jury, without an oath by anybody, except by the defendant after judgment.

There was therefore no error in denying a cross-examination of that witness as to the consideration of the note. A…