Butler v. Webster
Supreme Court of New Hampshire
Assumpsit, for services rendered to the defendant’s testate. Trial by jury and verdict for the plaintiff. The defendant excepted to the following statement made by plaintiff’s attorney in argument: “Brother Bartlett’s statement of the law was all right as far as it goes, but he didn’t tell you that the testimony of Mr. Butler could have been introduced here to you so that you could have got the whole story at first hand provided the administrator or the executor had so…
Read the full summary
Assumpsit, for services rendered to the defendant’s testate. Trial by jury and verdict for the plaintiff. The defendant excepted to the following statement made by plaintiff’s attorney in argument: “Brother Bartlett’s statement of the law was all right as far as it goes, but he didn’t tell you that the testimony of Mr. Butler could have been introduced here to you so that you could have got the whole story at first hand provided the administrator or the executor had so elected to testify. In this case the executor refuses to testify, consequently the plaintiff cannot put on Mr. Butler [the…
1Opinion of the CourtPlummer, J.
In the trial of this action the defendant, an executor, did not elect to testify. This prevented the plaintiff from testifying. P. S., c. 224, s. 16. In commenting upon this situation the plaintiff’s counsel made the remarks to which exception was taken. It was the legal right and perhaps the duty of the executor not to elect to testify, and no inference of any kind could legally be drawn from that act. The reference of the plaintiff’s counsel to the failure of the executor to elect to testify, and the consequent exclusion of his client as a witness was doubtless for the purpose of inducing…
2Cases cited4 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Turner v. Cocheco Mfg. Co.Supreme Court of New Hampshire · 1910
- Seely v. Manhattan Life InsuranceSupreme Court of New Hampshire · 1905
3Cited by2 opinions
- Wells v. PriceCourt of Appeals of Maryland · 1944
- State v. MannionSupreme Court of New Hampshire · 1927