Open main menu

Page:United States Reports, Volume 2.djvu/203

This page needs to be proofread.


Summa: COURT 01* Pmegbilvanfa. xyy elmntereited witnefs) was olfered to prove, that at the time of typ;. l payment it had been agreed, thatthe value of the Continental ~/VN! - money fo paid, fhould be adjuiled afterwards, and credit given accordingly. This tellimony was oppofed b5v8e•je¤nt, for the defendant, upon the principle that no man .1lbe allowed to contradiét or explain away hisown inflrument. The cafe in r ` Term. Rep. 296. fpeaks of deedsas well as of negociable pa- per. This evidence is to invalidate the force of the receipt, and to add a condition, which will take of 49-goths. of its operation. Great inconveniences might arife, and third perQ {ons maybe deceived and injured, if fuch explanations are ad- mitted. . Ingerfell, for the plaintili urged that the rule is confined to V negociable paper. It is fo fettled 3 Term. Rep. 33. 36. Be- ` i iides it is not propofed to contradiél: the receipt , which_ only ` exprefies thcrcceipt of 4oco Continental dollars 5 but, it would be fraudulent to prevent the plaintiff from ihewing that the va- lue was afterwards to be fettled, in order to fct up the implica- tion of law againll: us. No inconveniences can arife; for, it is clear, a third perfon may be admitted to explain. Even an attelting witnefs was admittedin M‘Mie1ei ·v. Owen. —t Dall. R4:. » = . Snjeanr, _in reply, {aid, that before St-rrrrarr, Pr_¢a’ert, in the Common Pleas, acaptain of a velfel was not allowed to prove, that he did not receive the goods mentioned in the bill of ladin . · MEKEAN, Chef yufice. The general expreflion in Walton E9' Shelley muii: be limited as explained in 3 Term. 3 . 6. ` and, therefore, iince the witnefs is dilinterelled, he mug be admitted. Beiides, he is not to contradict the writing, or deny any thing that isin it. a ` . _ Resrvatica oeejiu Karruz. Q HABEAS CORPU8 was ilfued to bring up thebody 7 of Benjamin, a minor, about fourteen years old, . who had been bound by his guardian’s confent, to the de· fcndant, to ferve her till he fhould arrive to the age of fifteen. Having abfcondcd from her fervice, he was committed to goal, ‘for that caufe ; and a general queilion was made, whether an infant could be bound as a fervant in Penn/ilvanin P I T1-in Comer were unanimouily of opinion, that the inden- ture, in this cafe, was void, and gave their opinions jwintim. The opinion of fiyire Baanrotm, (which is all! have in my notes) entered fully into the principles of the deciiion as follows. ‘ ' Basnsoan