Burnham v. Butler
Supreme Court of New Hampshire
Assumpsit, on a promissory note given by the defendant to one W., and by him endorsed to the plaintiff. The defendant contended that one C. was an accomplice of W. in obtaining the note from the defendant by fraud, and introduced evidence of a conversation between C. and a son of the defendant, tending to show an admission by C. to that effect. The plaintiff objected to this evidence, but it was received, the defendant undertaking to make it competent.
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Assumpsit, on a promissory note given by the defendant to one W., and by him endorsed to the plaintiff. The defendant contended that one C. was an accomplice of W. in obtaining the note from the defendant by fraud, and introduced evidence of a conversation between C. and a son of the defendant, tending to show an admission by C. to that effect. The plaintiff objected to this evidence, but it was received, the defendant undertaking to make it competent. After its reception lie admitted that it was not competent, and offered to withdraw it. It was thereupon ruled out, and the jury were…
1Opinion of the CourtSmith, J.
Evidence which proves to have been improperly admitted may be stricken out, under proper instructions to the jury; and it is a question of fact, to be determined at the trial term, when this may be done. Judge of Probate v. Stone, 41 N. H. 598, 607; Zollar v. Janvrin, 47 N. H. 324, 326; Harris v. Holmes, 30 Vt. 352. In his knowledge of the trial, the presiding justice has better means of deciding the question of fact than others can have who were not at the trial. Fuller v. Bailey, 58 N. H. 71, 72; Hamaker v. Eberley, 2 Binn. 506, 510. If it appears to him, after verdict, that the jury have…
2Cases cited2 opinions
- Hamaker v. EberleySupreme Court of Pennsylvania · 1810
- Harris v. HolmesSupreme Court of Vermont · 1858
3Cited by8 opinions
- Burnham v. StillingsSupreme Court of New Hampshire · 1911
- Lee v. DowSupreme Court of New Hampshire · 1904
- Doe v. LucySupreme Court of New Hampshire · 1927
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
- Merrill v. PerkinsSupreme Court of New Hampshire · 1881
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