14 N.H. 209 | Superior Court of New Hampshire | 1843
The particular fact which the defendant desired to prove was, that he was released by the plaintiff from his liability as a surety upon the note. The witness testified that he was present when the plaintiff released him. Any testimony which goes to show that the release was not made as alleged, is competent for that purpose, if consistent with the rules of law. And the question is, whether the letters were competent evidence for that purpose.
The general rule is, that the mere declarations of a party, whether oral or written, are not evidence in his favor. To be admissible, they must come within some exception which permits them to be used. One exception exists when the declarations were against his interest at the time they were made. Roseboom vs. Billington, 17 Johns. 182. But this adverse interest must appear, either from the nature of the case or from extraneous proof. Greenl. Ev., § 149, and cases cited. But the letters do not come within this exception, for there is nothing to show that his declarations contained in them were against his interest.
Another exception exists where the declaration is a part of the res gestee. But the letters are decidedly not included in this exception. They do not show where the note was at the time they were written, and contain no allusion to it. The matter to be proved was the existence of the release.
Verdict set aside.