Buswell v. Poineer (37 N.Y. 356, 1867)

Davies, C. J.

(after stating the facts.)—The first question presented for consideration is, whether the rulings of the judge in admitting parol evidence to explain the receipts, were correct. We think, the authorities in this state and the decisions of this court leave no room for further question on this point. Without recurring to all the cases in the books on this subject, it will only be needful to call attention to a few of the more leading.

In Tobey v. Barber (5 Johns. 68), a receipt had been given and indorsed on the counterpart of a lease, for $163, “ and in full for the second and third quarters’ rent.” The plaintiff offered to prove, that the defendant had procured one Coffin to give a note, payable to *ke or *or