1 Lock. Rev. Cas. 308
Court for the Trial of Impeachments and Correction of Errors
Decided July 1, 1799
Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01
The plaintiff being the assignee of a lease, and bound by covenant to pay the rents, &c., to the lessor, assigned the lease to the defendant by writing, expressing a consideration of three thousand dollars; whereupon the defendant executed a covenant to the plaintiff to pay the rents, &c., and at the same time gave the plaintiff two notes, under seal, one for $2,000, and the other for $1,000.
Decided 1799-07-01
¶1The Supreme Court held the parol evidence inadmissible, but -
¶2The Court of Errors reversed the decision, holding it competent for the defendant to prove by parol the considera*309tion of the second note, and thus lay a foundation for the set off pro tanto, against the plaintiff’s demand.
¶3Reversed 11 to 5.