
    Mervin v. Potter.
    A receipt having been given in evidence on a plea of full payment to a note and disallowed; is no objection to its going to the jury, in an action of assumpsit for the same money. '
    Action of assumpsit for £60 6s. 3d., money paid to the defendant on account of a certain note to have been indorsed thereon, and for which he gave a receipt; the defendant never indorsed it, but recovered the whole sum of the note, etc. The defendant plead nonassumpsit. Issue to- the jury.
    The defendant objected against the plaintiffs producing said .receipt to the jury, or any evidence about it; because, that in the action brought by him on said note, the present plaintiff plead full payment, and under that issue he offered said receipt to the jury, and it was found and adjudged on said trial, that said receipt was for but £6 6s. 3d., which was allowed.
   By the Court.

The plaintiff may prove his declaration — the receipt was only matter of evidence in the former trial, and is no more now. The point was then collaterally tried, now it will be directly decided. The receipt was admitted.  