
    Fitch v. Hyde et al.
    The defendants were executors of Walter Hyde and 'Samuel Hyde, deceased, who were joint executors of Joseph Fitch, deceased. This action was upon a note, from the first testator to the plaintiff. Plea — non est factum.
    
    
      Tbe estate of Joseph Eitcb, deceased, was represented insolvent, and commissioners appointed to examine tbe claims. Tbe note in question was exhibited to them, as a debt against said estate; and tbe same defense being then made, tbe note was disallowed by tbe commissioners, on which the estate proved solvent.
    Tbe defendants’ counsel now moved for tbe admission of those commissioners, to testify bow tbe facts appeared on tbe inquiry before them. But,
   By the Court.

(Dter, J., absent) — Tbe opinion of tbe commissioners is immaterial to us; nor is it important to us, bow tbe matter appeared before them; this court must judge from tbe evidence here exhibited. If any witness who before testified, is dead, Ms testimony may now be given in evidence; or any confession of tbe plaintiff against himself —■ but no farther.  