Phillips v. Ford

<p>Where a promissory note was signed by the defendant and one A., and A. gave in renewal of it a note in which the name of the defendant was forged, and a suit was brought upon the forged note, and the plaintiff gave in evidence declarations and admissions of the defendant tending to show an adoption of this note and to take it out of the statute of limitations, in one of which declarations he spoke of the suit’s having been commenced, it was held, that the service of the writ did not raise a presumption that the declarations related to the new note lather than the old one, without evidence that the defendant had knowledge of the new one or of the contents of the writ; and that the burden was on the plaintiff to prove such knowledge; and that it was proper for the jury to determine upon the whole evidence, to which of the notes the declarations and admissions related.</p>