Parsons v. Wentworth
Supreme Court of New Hampshire
Assumpsit, upon an order dated July 8, 1889, drawn by John S. Capen upon John W. Drew and Wentworth & Drew in favor of the plaintiff, for “ whatever sum may be due me on settlement between me and said Parsons, providing there be due me that sum from you,” and accepted, “Wentworth & Drew by John W. Drew.” Trial by jury and verdict for the plaintiff.
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Assumpsit, upon an order dated July 8, 1889, drawn by John S. Capen upon John W. Drew and Wentworth & Drew in favor of the plaintiff, for “ whatever sum may be due me on settlement between me and said Parsons, providing there be due me that sum from you,” and accepted, “Wentworth & Drew by John W. Drew.” Trial by jury and verdict for the plaintiff. Transferred from the February term, 1904, of the superior court by Chamberlin, J. The firm of Wentworth & Drew was composed of Wesley Wentworth and John W. Drew. Wentworth died after the action was begun, and the executrix of his will appeared. The…
1Opinion of the CourtChase, J.
In the original statute removing the common-law disqualification of the parties to actions to testify, the exception was made that when one of the parties was an executor or administrator the adverse party should not be allowed to testify, unless the executor or administrator consented thereto, or testified himself. Laws 1857, c. 1952; Laws 1858, c. 2090. In Moore v. Taylor, 44 N. H. 870, decided in December, 1862, the question was whether the creditor of a deceased person had the right to testify upon his appeal from the disallowance of a part of his claim by the commissioner appointed to…
2Cases cited13 opinions
- Welch v. AdamsSupreme Court of New Hampshire · 1885
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Dow v. MerrillSupreme Court of New Hampshire · 1889
- Perkins v. PerkinsSupreme Court of New Hampshire · 1878
- Stevens v. MoultonSupreme Court of New Hampshire · 1894
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3Cited by5 opinions
- Crowther v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1918
- Eagan v. KenneySupreme Court of New Hampshire · 1910
- Janes v. JanesCourt of Appeals for the D.C. Circuit · 1922
- Beckman v. HamptonSupreme Court of New Hampshire · 1906
- Jordan v. Jordan's EstateSupreme Court of New Hampshire · 1911