Farnsworth v. Briggs
Superior Court of New Hampshire
Assumpsit on a note, for ⅜36 50, dated, March 20, 1823, made by the defendant, and payable to the intestate, in ten months, with interest. The defendant pleaded the general issue and the statute of limitations. Upon the trial, at November term, 1833, the plaintiff proved that the subscribing witness to the note was out of the stale, and then offered evidence of the hand writing of the defendant.
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Assumpsit on a note, for ⅜36 50, dated, March 20, 1823, made by the defendant, and payable to the intestate, in ten months, with interest. The defendant pleaded the general issue and the statute of limitations. Upon the trial, at November term, 1833, the plaintiff proved that the subscribing witness to the note was out of the stale, and then offered evidence of the hand writing of the defendant. It was insisted, on the part of the defendant, that it was necessary to prove the hand writing of the subscribing witness ; but the court submitted it to the jury to say, whether the note was genuine…
1Opinion of the CourtRichardson, C. J.
It is made a question in this case, whether the copy of the record, in the register’s office, was competent evidence to prove the time,when administration was granted to the plaintiff. But upon this question there can be no doubt. The decisions of the Probate *563Court can be proved only by the record of its proceedings. 3, N. H. Rep. 309, The Judge of Probate v. Briggs.
And the copy produced, in this case, is not only admissible in evidence, but is the best evidence that could be produced. The letters of administration, which are only a copy of the record in the Probate Court, drawn up in a more…
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- Hall v. PhelpsNew York Supreme Court · 1807
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