207 Mass. 108 | Mass. | 1910
The defendants’ argument in support of their requests for instructions rests upon the contention that it appeared at the trial that their indorsements were obtained and given for the suppression of the criminal prosecution which had been instituted against Holtz, and in consequence of the plaintiff’s abuse of that criminal process. If the facts had been found to be as they contended, their contention would have been well
The evidence offered and excluded was competent to show that the defendants made their indorsements in consequence of the unlawful inducements held out to them by Holtz; but it did not tend to show that the plaintiff was in any way responsible for those inducements. It could not have altered the finding of the plaintiff’s innocence of any unlawful conduct. It was not material under what inducements the defendants acted unless the plaintiff was in some way responsible therefor. Hudson v. Miles, 185 Mass. 582, 586, 587. It follows that the defendants were not harmed by the exclusion of the evidence.
The exception taken by the defendant Shapiro as to the demand and notice was waived at the argument.
Exceptions overruled.