22 Barb. 314 | N.Y. Sup. Ct. | 1856
Whether the defendant was a mere depositary of the $200 specified in his receipt, or had an interest in the money, was a question of fact upon the true construction of the receipt, in view o.f the extrinsic circumstances existing at the time it was given. Such facts are always admissible in evidence, not to contradict the instrument, but to aid in its interpretation. Contracts must
Hew trial ordered; costs to abide event.
T. R. Strong, Welles and Smith, Justices.]