Underwood v. Brown

106 Mass. 298

Opinion

Gray, J.

The purchase of a negotiable promissory note is a perfectly lawful act; and has, of itself, no tendency to prove a wrongful motive in procuring an unlawful arrest in an action afterwards brought thereon. The evidence objected to did not tend to show the motive, intent or circumstances attending the trespass complained of; and as it was incompetent, and calculated to prejudice the defendant with the jury, we cannot say that it was immaterial. Exceptions sustained.