Nealley v. Greenough
Superior Court of New Hampshire
Assumpsit. In the first count, it is alleged that one N. Wadleigh, on 1st March, 1850, drew his order in writing, of that date, under his hand, directed to the defendant, requesting him to pay to the plaintiff, on demand, the sum of $20, and that on the same day the plaintiff presented the said order to the defendant, who then accepted, the same, and promised to pay the plaintiff the amount thereof, &e.
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Assumpsit. In the first count, it is alleged that one N. Wadleigh, on 1st March, 1850, drew his order in writing, of that date, under his hand, directed to the defendant, requesting him to pay to the plaintiff, on demand, the sum of $20, and that on the same day the plaintiff presented the said order to the defendant, who then accepted, the same, and promised to pay the plaintiff the amount thereof, &e. The second count is for $30, money had and received by the defendant to the plaintiff’s use, money lent and advanced to, and paid, laid out and expended for the defendant by the plaintiff, and…
1Opinion of the CourtBell, J.
It is settled here that a party to a cause is a competent witness to prove the loss or destruction of an original paper, in order to the introduction of secondary evidence of the contents of the paper. Neil v. McClintock, 5 N. H. Rep. 355; Woods v. Gassett, 11 N. H. Rep. 442. Upon the same principle, there can be no doubt that the affidavit of a party is competent to show that such paper is in the hands of the adverse party. That fact is sufficient to account for the absence of the original paper. If the paper is shown to be lost or destroyed, the secondary evidence of its existence and of…
2Cases cited11 opinions
- People v. HolbrookNew York Supreme Court · 1816
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. MessingerSupreme Court of Pennsylvania · 1808
- Trustees of the Cincinnati Southern Railway v. RothOhio Court of Appeals · 1913
- Hardin v. KretsingerNew York Supreme Court · 1820
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