BARKER v. REYNOLDS, 1 Del. 396 (1796)

Bayard’s Notebook, 138

BARKER, Assignee, v. REYNOLDS.

Court of Common Pleas of Delaware, Kent County.
May, 1796.

Defendant proposed to prove by the testimony of John Wheler, a witness, that the assignment of the bond was as collateral security for a small debt and in trust.

The evidence was opposed upon the ground that the assignment was general and imported an absolute transfer of the debt, and that parol evidence could not be received to vary the terms and import of a written instrument.

PER CURIAM.

The evidence is not regular. The plea is payment, and upon this issue the assignment cannot be controverted.

Witness rejected.

Ridgely and Bayard for plaintiff.

Clark and Miller for defendant.

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