5 Wend. 563 | N.Y. Sup. Ct. | 1830
By the Court,
I am of opinion that the right of a defendant on an inquest does not extend so far as to allow him to introduce a substantive defence; that is, a defence which does not controvert the evidence given on the part of the plaintiff to sustain his action. If the defendant could have shewn, by a cross-examination of the witness, that the note had not in fact been made, or made under circumstances which did not render it obligatory upon the maker, he had a right to do so; but he proposed to go further; he offered to shew matter in defence. This is not allowed to a defendant when 0.11 inquest is taken. He may over*
New trial denied.