Majority
p. 133Bond versus Haas’s Executors.
Syllabus
THIS was a Scire Facias on a mortgage, dated 15th August 1777, for the payment of £250. at four per cent, current
p. 134
money of Pennsylvania, in one year. At the time the mortgage was executed continental money was depreciated, and at three for one. The plaintiff infilled that the whole sum should be paid in specie, and offered to prove that Adam Haas, in his life time, informed a Scrivener, that the money he had received was as good to him as gold and silver; that it was so, in effect, to the plaintiff; that he was sensible that he ought to pay her specie, and desired the Scrivener to draw a writing to secure it; and that Haas died soon after, before he had an opportunity of executing any instrument to secure it to the plaintiff. The defendant oppofed the admission of this evidence: And
—This would be, in effect, altering the contract, and increasing the value of the money, in direct opposition to the act of Assembly. It is settled in the Cafe of Lee and Biddis[1] that such evidence shall not be received. The evidence stated, is not to explain the contract, but to prove a new and a different one: And if such an offer as is mentioned created any legal obligation, a different suit must be brought to enforce it. The witness, therefore, must be rejected.
The plaintiff thereupon suffered a nonsuit.
* 1 Dall. 135 . But see, likewise, Dall. 267. Hollingsworth versus Sit’ Da