COMMERCIAL BANKING CORPORATION v. MARTEL

No. 96.

123 F.2d 846 (1941)

COMMERCIAL BANKING CORPORATION v. MARTEL.

Circuit Court of Appeals, Second Circuit.

December 1, 1941.


Attorney(s) appearing for the Case

Emanuel G. Kleid, of New York City, for plaintiff-appellee.

Julian A. Oshlag, of New York City, for defendant-appellant.

Before L. HAND, CLARK, and FRANK, Circuit Judges.


CLARK, Circuit Judge.

Only a question of admissibility of evidence is at issue on this appeal. In the trial before a jury, defendant's schedule of liabilities in his bankruptcy was introduced in evidence as an admission against him. When he sought to explain this, he was cut off by the court because "you cannot go behind a written record." This is urged as a prejudicial error.

The action is on a guaranty. Defendant, Martel, guaranteed payment of losses sustained...

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