Palmer v. Bass
Supreme Court of New Hampshire
Assumpsit, by an administrator, to recover upon promissory notes payable to his intestate. Trial before a referee. The administrator did not elect to testify to any facts occurring in the lifetime of the deceased. Subject to the defendant’s exception, the defendant was called as a witness by the administrator and compelled so to testify.
1Opinion of the CourtParsons, J.
“ Where one party to a cause is an . . . adminis-. trator . . . neither party shall testify in respect to facts which occurred in the lifetime of the deceased . . . unless the . . . administrator . . . elects so to testify.” P. S., c. 224, s. 16. If in such cases the administrator elects to testify in respect to the excepted facts, it is clear that both parties are competent witnesses and neither party is excused or excluded as a witness to any relevant fact. This is not questioned, but the defendant claims that the administrator could not, without making himself a witness thereto, compel the…
2Cited by1 opinion
- Clark v. ClarkSupreme Court of New Hampshire · 1912