Mercer v. Sayre

The evidence offered was material, inasmuch as it went to destroy any presumption that the money was actually received by the defendant at the time the action was brought. The judge, under the circumstances of the case, had a discretion to admit the evidence; and it ought, in sound discretion, to have1 been received. We think, therefore, that the defendants are entitled to a new trial, with costs to abide the event of the suit.

Motion granted.