E. A. Strout Farm Agency v. Hosford

The offer of testimony given in a former suit against a third party was put upon the ground that the heir is the real party in interest. Its admissibility is now urged upon the further ground that the present defendant is a privy of the former one. It is evident that this defendant’s decedent was in no way connected with the prior litigation. If she were still alive the present claims would clearly be without foundation. It is not perceived how the facts of her death and the consequent defense by her administrator in a suit against her estate affect the situation. No rights are claimed either…