Bellows v. Stone
Superior Court of New Hampshire
In Equity. The original bill stated that prior to January 1,1821, two of the defendants, David Stone and Josiah Bellows, 3d, partners under the firm of Stone & Bellows, were under certain liabilities for the plaintiff, Josiah Bellows, 2d, as sureties, and that he induced them to raise $2,900 at the Cheshire bank, and give their note ; and as security for that' and whatever other liabilities they might be under on his account, he caused a certain certificate, of indebtedness,…
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In Equity. The original bill stated that prior to January 1,1821, two of the defendants, David Stone and Josiah Bellows, 3d, partners under the firm of Stone & Bellows, were under certain liabilities for the plaintiff, Josiah Bellows, 2d, as sureties, and that he induced them to raise $2,900 at the Cheshire bank, and give their note ; and as security for that' and whatever other liabilities they might be under on his account, he caused a certain certificate, of indebtedness, for the sum of $5,300, to be made by the assignee of the effects of Thomas Carlisle & Co., of which he was a member, to…
1Opinion of the CourtParker, C. J.
The general rule, that “ where an allegation in an answer is responsive to the bill, if the plaintiff seek to impeach the answer upon that point he must overcome it by something more than the testimony of a single witness,” was laid down in Hollister v. Barkley, 11 N. H. Rep. 501.
The plaintiff’s counsel contends that this rule is to be limited to matters in the answer in denial of what is stated in the bill, and there are some authorities which countenance such a position. See 2 Cow. Phil. Ev. 286, note, citing 1 Wash. 224; 6 Monroe 620; 1 Munf. 395.
■ But we are of opinion that neither the…
2Cases cited17 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Hart v. EyckNew York Court of Chancery · 1816
- Clarke v. WhiteSupreme Court of the United States · 1838
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
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