1 Super. Ct. Jud. 254
Massachusetts Supreme Judicial Court
Decided August 15, 1767
Massachusetts Supreme Judicial Court · decided 1767-08-15
was for admitting the Evidence to go in, in Mitigation of Damages. was against the Admission. of the same Opinion. was of Judge Trowbridge’s Opinion, for Admission. acknowledged the Point was of considerable Importance, and not without its Difficulties on either Side. Many Mischiefs and Inconveniences, he said, might arise, upon the Refusal or Admission of such Evidence.
Decided 1767-08-15
¶1*254THIS Cafe was very largely debated by the Council on both Sides; and the Question was, if Evidence might be given to the Jury, of a partial Consideration of a Note of Hand, upon which the Plaintiff, Promisee in the Note, had brought his Action.
¶2The Books produced by the Bar were, Trials per Pais, 408; Cunningh. Bills of Exch. 122, 141 ; 1 Salk. 25, Meredith & Short; 2 Ld. Raym’d. 1430, 1431; 1 Stran. 674; 2 Bac. 4; Gilbt. Rep. 154.