Morse v. Green
Superior Court of New Hampshire
Assumpsit, on a promissory note, dated on the 8th day of June, 1840, made by the defendant and Sylvester N. Tracy, jointly and severally, and payable to the plaintiff in the month of January, 1841. Plea, the general issue.
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Assumpsit, on a promissory note, dated on the 8th day of June, 1840, made by the defendant and Sylvester N. Tracy, jointly and severally, and payable to the plaintiff in the month of January, 1841. Plea, the general issue. The plaintiff proposed to prove the signature of the defendant to the note by Tracy, and that Tracy signed the name of the defendant to the note, by his request; to which the defendant objected ; but the court admitted the witness, and he testified that he, at the request of the defendant, who was then unwell, signed the name of the defendant to the note, which was given…
1Opinion of the CourtGilchrist, J.
The note purports to be signed by Green and Tracy ; and the first question that presents itself is, whether Tracy be a competent witness to prove that he signed Green’s name to the note by his direction and assent.
The only objections to the testimony of a party to a negotiable note are, that he is interested in the result of the suit, or incompetent from infamy. Haines v. Dennett, 11 N. H. Rep. 180. It is evident that Tracy was called to sustain, and not to impeach the note, and therefore the only objection that could have been urged against his competency, in any state of the law, as a party…
2Cases cited6 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
- Blake v. LaddSuperior Court of New Hampshire · 1839
- Haines v. DennettSuperior Court of New Hampshire · 1840
- Williams v. LittleSuperior Court of New Hampshire · 1841
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