The Court decided — That the officer ought to have been permitted to impeach the note, and that the evidence hp offered for that purpose, ought to have been admitted.

2. That the evideuce offered in mitigation of damages ought also to have been admitted.

Judgment. That there is error.

See Assumpsit 4. Bail 1, 2. Ejectment 2, 3. Commission. Fraud. Highways 2, 3. Landlord and Tenant 2, Patent flight. Pauper Cases 2, 3, 9. Judgment 2.