Commercial Banking Corp. v. Martel

CLARK, Circuit Judge.

Only a question of -admissibility of evidence is at issue on this appeal. In the-trial before a jury, defendant’s schedule of' liabilities in his bankruptcy was introduced', in evidence as an admission against him. When he sought to explain this, he was cut. off by the court because “you cannot go behind a written record.” This is urged -as a-prejudicial error.

The action is on a guaranty. Defendant, Martel, guaranteed payment of losses sustained by plaintiff, Commercial Banking-Corporation, in its discounting of conditional sales contracts -and chattel mortgages-for…