The Cayuga County Bank v. . Warden

*Gardiner, J.

— When this cause was first before us, we held, in substance, that enough *- 4 appeared upon the face of the notice, to justify the application of the extrinsic evidence by which the note in question was identified; that the description there given was true in part, hut not in every particular, and that the maxim fa Isa demonstratio non nocet applied; because, after striking from the notice all that was false, enough remained to authorize the paroi evidence, by which' the note in controversy was identified, as the subject of that notice. The doctrine of that decision, and the…