Carleton v. Whitcher
Superior Court of New Hampshire
Assumpsit on a note for $150, made in October, 1824, by the defendant and three other persons, and payable to Caleb Knight or order, and by him endorsed. The cause was tried here upon the general issue, at November term, 1828, when the making and endorsement of the note were admitted. It appeared in evidence, that the property and interest in the note were in one J. H. Johnson.
Read the full summary
Assumpsit on a note for $150, made in October, 1824, by the defendant and three other persons, and payable to Caleb Knight or order, and by him endorsed. The cause was tried here upon the general issue, at November term, 1828, when the making and endorsement of the note were admitted. It appeared in evidence, that the property and interest in the note were in one J. H. Johnson. The defendant then introduced two of the co-signers of the . note as witnesses, to impeach the consideration of the note, having first released them from all liability to contribution. To the competency of these…
1Opinion of the Court
By the court.
The first question to be settled in this case is, whether the witnesses introduced by the defendant were competent witnesses to prove the facts on which the defence is placed ? They were co-signers of the note, but had been released by the defendant from all *200liability to contribution. It is settled, that under these circumstances, they cannot be excluded on the ground of 'interest. 3 N. H. Rep. 115, Ames v. Withington.
Nor is there any tiling in the nature of the facts which the witnesses were called to prove, which can exclude them from testifying. They were called to show that…
2Cases cited3 opinions
- Bryant v. RitterbushSuperior Court of New Hampshire · 1820
- Ames v. WithingtonSuperior Court of New Hampshire · 1824
- Town of Meredith v. LaddSuperior Court of New Hampshire · 1823
3Cited by6 opinions
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- Odiorne v. HowardSuperior Court of New Hampshire · 1839
- Hinds v. ChamberlinSuperior Court of New Hampshire · 1833
- Carleton v. WoodsSuperior Court of New Hampshire · 1854
1 more not listed; retrieve them via the Exa API.