Mahurin v. Bellows
Superior Court of New Hampshire
Assumpsit on a promissory note, dated on the 3d day of November, 1834, for $100.00, made by the defendant, and payable to the plaintiff, or his order, in sixty days, with interest. The note was given for a debt due the plaintiff from Samuel A. Pearson, and was signed by the defendant as surety for Pearson. At the trial upon the general issue, the defendant offered evidence tending to prove that the plaintiff had released him from his liability on the note.
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Assumpsit on a promissory note, dated on the 3d day of November, 1834, for $100.00, made by the defendant, and payable to the plaintiff, or his order, in sixty days, with interest. The note was given for a debt due the plaintiff from Samuel A. Pearson, and was signed by the defendant as surety for Pearson. At the trial upon the general issue, the defendant offered evidence tending to prove that the plaintiff had released him from his liability on the note. He introduced a witness who testified that about the first of January, 1835, he was present in Lancaster, at a conversation between the…
1Opinion of the CourtGilchrist, J.
The particular fact which the defendant desired to prove was, that he was released by the plaintiff from his liability as a surety upon the note. The witness testified that he was present when the plaintiff released him. Any testimony which goes to show that the release was not made as alleged, is competent for that purpose, if consistent with the rules of law. And the question is, whether the letters were competent evidence for that purpose.
The general rule is, that the mere declarations of a party, whether oral or written, are not evidence in his favor. To be admissible, they must come…
2Cases cited4 opinions
- Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Sessions v. LittleSuperior Court of New Hampshire · 1838
- Gordon v. ShurtliffSuperior Court of New Hampshire · 1836
3Cited by2 opinions
- Mooers v. BunkerSuperior Court of New Hampshire · 1854
- Smith & Lougee v. Smith & BannisterSuperior Court of New Hampshire · 1853