Bowman v. Noyes
Superior Court of New Hampshire
Assumpsit, upon a promissory note of the defendants, dated August 30, 1833, payable to J. B. Bowman, or order, on demand, with interest, and indorsed to the plaintiff. The writ was dated Dec. 7, 1840. John M. Noyes, one of the defendants, was defaulted. The other defendants, Moses Noyes and Sawyer, pleaded the general issue, and the statute of limitations. There was no evidence to take the case out of the statute, as to Sawyer.
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Assumpsit, upon a promissory note of the defendants, dated August 30, 1833, payable to J. B. Bowman, or order, on demand, with interest, and indorsed to the plaintiff. The writ was dated Dec. 7, 1840. John M. Noyes, one of the defendants, was defaulted. The other defendants, Moses Noyes and Sawyer, pleaded the general issue, and the statute of limitations. There was no evidence to take the case out of the statute, as to Sawyer. Moses Noyes, on the trial, contended that he was a surety, and was discharged by a contract for delay; and also that the note had been paid by the principals ; and he…
1Opinion of the CourtParker, C. J.
The only question in this case is, whether John M. Noyes was rightly admitted as a witness. He is one of the defendants; but his being a party to the record does not necessarily exclude his evidence, if he consents to be examined, and has no interest. He made no defence to the action, and his default was entered of record before his examination. The other defendants, Moses Noyes and Sawyer, pleaded the general issue, and the statute of limitations. Upon the trial of these issues, Moses Noyes, under the general issue, relied upon two matters in defence, either of which, if sustained, would…
2Cases cited4 opinions
- Pillsbury v. CammettSuperior Court of New Hampshire · 1820
- Ames v. WithingtonSuperior Court of New Hampshire · 1824
- Wheat v. KendallSuperior Court of New Hampshire · 1834
- Blake v. LaddSuperior Court of New Hampshire · 1839
3Cited by2 opinions
- Chase v. LoveringSuperior Court of New Hampshire · 1853
- Manchester Bank v. MooreSuperior Court of New Hampshire · 1849