Harris v. Reingold

THOMPSON (IRA F.), J.

Plaintiff sued on a promissory note in the sum of $728.48. The defendant answered,' admitting the execution of the note, .alleging lack of consideration, and denying that there was any sum unpaid, due or payable. At the trial the defendant offered to prove an agreement between the payee and the defendant whereby the indebtedness evidenced by the note was satisfied and the note canceled. An objection was interposed by the plaintiff on the ground that the testimony was incompetent, irrelevant and immaterial, and tending to vary the terms of a written instrument, attention…