Noonan v. Strahan

Headnote

Evidence—Admission by •defendant that he still owed plaintiff a certain amount which he did not have money to pay—Evidence that defendant then had more than that sum in bank, not admissible in his behalf to support his contradiction of such alleged admission.

Appeal from judgment rendered after trial by jury, and from an order denying motion on the minutes to set aside the verdict and for new trial.

For the facts in the case, see 53 Suffer. Gt. 419.

The respondent had testified that the appellant at one time had told him that there was three or four thousand dollars more due the respondent, which he (the appellant) could not pay; that he did not have the money at that time, but that he would give his note at three or four months for said amount. This testimony was contradicted by the appellant. The appellant then sought 0 to show that as a matter of fact he had at the time this ^statement was alleged to have been made more than the sum of three or four thousand dollars in the bank—and questions tending to show that such was the fact were asked, and under the objection of the respondent, excluded.