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SPECHT V. HOWARD, 83 U. S. 564 (1872)

U.S. Supreme Court

Specht v. Howard, 83 U.S. 16 Wall. 564 564 (1872)

Specht v. Howard

83 U.S. (16 Wall.) 564


1. Where improper evidence has been suffered by the court to get before the jury, it is properly afterwards withdrawn from it.

2. On a suit by the endorsee of a negotiable note which has no place of payment specified in it against the endorser who relied on a confessedly defective demand on the maker, of payment -- that is to say, on a fruitless effort at demand, in the place where the note was dated, but in which place the maker did not live, parol evidence that at the time when the note was drawn, it was agreed between the maker and the endorsee that it should be made payable in the place where the effort to demand payment had been made, and that this place of payment had been omitted

Page 83 U. S. 565

by the mistake of the draughtsman -- being evidence to vary or qualify the absolute terms of the written contract -- would be improperly let in to the jury and would be properly withdrawn.

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