1 Wright 72
Decided August 15, 1832
Ohio Supreme Court · decided 1832-08-15
Halford sued Crane in the court below for money had and received, paid, &e. Upon non assumpsit joined, Halford offered to prove the contents of a lost paper, purporting to be a receipt from one Green for $35.17, in full of an award in favor of Green v. Crane, of prior date to the receipt. To this it was objected, that the receipt was not competent without proof of Green’s authority from Crane, and that Green was not a competent witness to prove the payment.
Decided 1832-08-15
¶1The simple question in this case is, whether payment to a third person, authorized to receive the money, will discharge the demand. There can be no doubt it will. If the bill of exceptions was designed to raise any other question, it has failed *73of its object. We can only look to the matters of fact which by it are in fact placed upon the record.
¶2The judgment is affirmed with costs.