Woodman v. Eastman
Superior Court of New Hampshire
Assumpsit, by the indorsee, against the indorser of a promissory note, signed by John Averill, dated at Bangor, July 25, 1835, for the sum of 0675, payable to the defendant, or order, at the Mercantile Bank, in Bangor, in one year from date, with interest annually.
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Assumpsit, by the indorsee, against the indorser of a promissory note, signed by John Averill, dated at Bangor, July 25, 1835, for the sum of 0675, payable to the defendant, or order, at the Mercantile Bank, in Bangor, in one year from date, with interest annually. The parties submitted the case to the court upon the evidence contained in certain depositions, which was to be admitted so far as it was competent, and upon certain facts which were agreed: the matter to be considered as if the action had been tried by the jury, and a case saved. Judgment to be rendered according to the opinion of…
1Opinion of the CourtParker, C. J.
This case comes before us somewhat irregularly, as the counsel are aware. It is competent for the parties in any case, if they think proper, to agree upon the facts, and submit the case thereupon to the decision of the court. But the court cannot be required to take the evidence in a case, determine what is admissible, and to what part objections may exist on account of the interest of the witnesses, and then ascertain the facts of the case, from the testimony which has been submitted.
But the case having come up in this shape, we have not thought it expedient to delay the parties by sending…
2Cases cited4 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Hubbly v. Brown & Nichols.New York Supreme Court · 1819
- Carter v. BurleySuperior Court of New Hampshire · 1838
- Farrington v. BrownSuperior Court of New Hampshire · 1834
3Cited by8 opinions
- Furbush v. GoodwinSuperior Court of New Hampshire · 1852
- Low v. BlodgettSuperior Court of New Hampshire · 1850
- Merrimack County Bank v. BrownSuperior Court of New Hampshire · 1841
- Bank of Woodstock v. KentSuperior Court of New Hampshire · 1844
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
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