Gutterson v. Morse
Supreme Court of New Hampshire
Assumpsit. The court allowed the plaintiffs, by cross-examination of the defendants and one S. A. M., to show that a conveyance from one of the defendants to S. A. M. was fraudulently made for the purpose of defeating the collection of the claim in suit, and the defendants excepted. Verdict for the plaintiffs, and motion of the defendants for a new trial.
1Opinion of the CourtFoster, J.
A conveyance made by a defendant for the purpose of preventing the satisfaction of the plaintiff’s claim, may tend to show the defendant’s practical admission of the validity of the claim. The participation of the grantee, or other accomplice in the fraud, tends to show a feeling, a bias, and perhaps an interest, affecting his credit as a witness testifying for the defendant. Mayhew v. Thayer, 8 Gray 172, 176.
If, on these grounds, the cross-examinations in this case were not justifiable, it would by no means follow that they were improperly allowed. The range of a cross-examination in…
2Cases cited17 opinions
- Johnston v. JonesSupreme Court of the United States · 1862
- Wilbur v. FloodMichigan Supreme Court · 1867
- Real v. . the PeopleNew York Court of Appeals · 1870
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Perkins v. RobergeSupreme Court of New Hampshire · 1897
- State v. TravisSupreme Court of New Hampshire · 1926
- Gibbs v. ParsonsSupreme Court of New Hampshire · 1886
5 more not listed; retrieve them via the Exa API.