Nelson v. Flint

Citations

• 166 U.S. 276
• 17 S. Ct. 576
• 41 L. Ed. 1002
• 1897 U.S. LEXIS 2023

Syllabus

<p>On the face of the papers contained in the record, the right of the plaintiff below to recover is clear.</p> <p>Conversations between two makers of a note, in the absence of the payee. . and without his'knowledge, are not binding upon him, and áre not admissible in evidence against him in an action to recover on the note.</p> <p>A party cannot, by merely filing with the clerk an affidavit not incorporated in any bill of exceptions, bring into the record evidence of what took place at the trial.</p> <p>The errors alleged were frivolous, and the writ of error was sued out for delay, for which, in affirming the judgment, ten per cent damages are allowed under clause 2 of Eule 23.</p>