Manchester Bank v. Moore
Superior Court of New Hampshire
Assumpsit. The writ was dated February 26th, 1847, and contained one count, which was for money had and received. The specification under the count was of a promissory note, as follows: $1,200. Manchester, N. H., August 24th, 1846. For value received, we, the subscribers, jointly and severally promise to pay the president, directors and company of the Manchester Bank, or order, twelve hundred dollars at said bank, on demand, with interest after ninety days, giving said bank…
Read the full summary
Assumpsit. The writ was dated February 26th, 1847, and contained one count, which was for money had and received. The specification under the count was of a promissory note, as follows: $1,200. Manchester, N. H., August 24th, 1846. For value received, we, the subscribers, jointly and severally promise to pay the president, directors and company of the Manchester Bank, or order, twelve hundred dollars at said bank, on demand, with interest after ninety days, giving said bank the right of collecting this note at any time, or of extending from time to time, by the reception of interest, in…
1Opinion of the CourtWoods, J.
A defendant, who has suffered default, may, if produced in court as a witness, be permitted to testify as such, either in behalf of his co-defendant or of the plaintiff, if he have no interest in the cause which would exclude an individual not a party to the record. This has been repeatedly held in this State since the act of July 4, 1834, authorizing the plaintiff, in an action against several to take judgment against such as shall appear to be liable, in cases in which the witness has been offered by the defendant. Blake v. Ladd, 10 N. H. Rep. 190; Bowman v. Noyes, 12 N. H. Rep. 302.
In…
2Cases cited3 opinions
- Grafton Bank v. WoodwardSuperior Court of New Hampshire · 1829
- Blake v. LaddSuperior Court of New Hampshire · 1839
- Bowman v. NoyesSuperior Court of New Hampshire · 1841