Stein v. Brunswick-Balke-Collender Co.

Mississippi Supreme Court
Stein v. Brunswick-Balke-Collender Co., 69 Miss. 277 (Miss. 1891)
Cooper

Stein v. Brunswick-Balke-Collender Co.

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

In determining whether the notes sued on were altered after their execution, the contract for the purchase of the goods for which they were given was competent and relevant evidence. It was in writing, signed by the parties, and contained the terms of the sale, and was therefore competent, as tending to prove that the notes signed by the defendant were given in conformity to the terms of the sale.

“ Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction or subject-matter, are deemed to be relevant to the fact with which they are connected.” Stephen’s Dig. of Ev., chap. 2, art. 8.

Reversed and remanded.

Reference

Full Case Name
Samuel J. Stein v. Brunswick-Balke-Collender Co.
Status
Published
Syllabus
1. Evidence. Facts not in issue; when relevant. Evidence of facts not in issue, but so connected with the matter at issue as to form a part thereof, is relevant and admissible. 2. Same. Alteration of note. Previous written contract. On the issue whether a note sued on has been materially altered after its execution, a written contract for the purchase of the goods for which the note was given, and which sets out the terms of the purchase, is competent and relevant evidence.