David Josiah Brewer

“ The mere statement of the proposition carries its own answer. Conversations between two makers of a note in the absence of the payee are clearly not binding upon the latter. No representations, true or false, made by one maker of a note to another, no secret understanding between such markers, no inducements offered by one to the other, affect the validity of the instrument in the hands of the payee, unless he knew, or was chargeable with notice of, such facts. The vital question is not what passed between the makers by themselves, but what passed between the payee and any one of the makers. ”

“ A party cannot, by merely filing with the clerk an affidavit, not incorporated in any bill of exceptions, bring into the record evidence of what took place or the trial. So that upon the record, as properly prepared, we can only consider the question whether error can be adjudged in a refusal by the trial court to give an instruction presented at any time after it has finished its charge, and when it does not appear that the same matter has not already been fully and satisfactorily explained to the jury. ”