Oliver Wendell Holmes, Jr.

“ The analogy by no means is perfect, but it is sufficient. In these days, when the whole tendency of decisions and legislation is to enlarge the admissibility of hearsay where hearsay must be admitted or a failure of justice occur, we are not inclined to narrow the lines. The interest of Martindale continued, the appellants claim through it, and we are of opinion that, under the circumstances, admissions by Martindale contrary to that interest properly were let in. ”

“ The conclusion does not follow from the premises, granting those premises for the purpose of argument, although they presuppose the rights of the appellants under the later instruments to be established. To destroy by release is one thing, to destroy in the sense of disproving or qualifying by proof is another. The latter is free to anyone who knows the facts. There is no doubt, of course, that Martindale had a right to testify to what he was shown to have declared, however, bad it might be for the appellants. ”

“ So no doubt they have for some purposes, if we follow the somewhat sweeping and undiscriminating notion of equity embodied in many decisions to be found. Nevertheless, they claim in Martindale's right as against the estate of Cross or any prior assignee. The fact that equity gives them a right to have the security applied does not enlarge of change the character of the security, and that was, as we have quoted, to enable Martindale 'to pay himself for any paper' on which he was liable with Cross. The appellants get their rights from and through Martindale. ”