Evans v. Hudson

5 Del. 366

• Court: Superior Court of Delaware
• Decided: July 5, 1852
• Status: Published

Opinion

By the Court.

The plea puts in issue merely the execution of the note. Under it the plaintiff has to prove the execution of the identical paper. The attestation of the subscribing witness is prima facie evidence, upon which the paper may be read, but the jury will decide whether it is proved. If a note under seal or bond is proved, no paroi evidence can be received to change, alter or contradict it; or to show that it was for a less sum than that specified on its face. If given on a settlement between parties, it extinguishes their accounts ; they merge in the higher security; and the parties cannot afterwards abandon the note or bond, and to go into proof of the antecedent matters which constitute its consideration.

Verdict for plaintiff.