Elwell v. Lesley

7 N.J.L. 349

Opinion

Kinsey, O. J.

The only reason assigned, which is supported, is, that the verdict of the jury, and the judgment of the justice below, were founded' upon evidence shewing a mistake in a receipt, which it is contended was not admissible. A receipt may *be proved, by parol, to have been given under a mistake; and though, independent of such testimony, the receipt is prima fade evidence of a discharge, its operation may bp destroyed in this manner. Therefore, by the whole court, let the

Judgment be affirmed.