Bailey v. Harvey
Supreme Court of New Hampshire
Assumpsit, on the common counts for the price of land deeded by the plaintiff to the defendant. Plea, the general issue. The suit was brought by C. Bailey as next friend of the plaintiff, who was described in the writ as an insane person. E. F. Bailey was appointed guardian ad litem. Neither C. Bailey, E. F. Bailey, nor the plaintiff testified. The defendant offered to testify to occurrences which happened when the plaintiff was sane.
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Assumpsit, on the common counts for the price of land deeded by the plaintiff to the defendant. Plea, the general issue. The suit was brought by C. Bailey as next friend of the plaintiff, who was described in the writ as an insane person. E. F. Bailey was appointed guardian ad litem. Neither C. Bailey, E. F. Bailey, nor the plaintiff testified. The defendant offered to testify to occurrences which happened when the plaintiff was sane. It had not been judicially determined that the plaintiff was insane ; but the court found, as a matter of fact, that by reason of insanity he was incompetent to…
1Opinion of the CourtBingham, J.
The court at the trial found, upon evidence, that the plaintiff, by reason of insanity, was not competent to be sworn as a witness. Neither party can testify when the adverse party is an executor, administrator, or insane person, if the executor, administrator, or guardian of the insane person does not elect to testify, unless it clearly appears that injustice may be done. G. L., a. 229, ss. .16,17. To entitle the defendant to testify, he' should bring himself within the rule established in cases where the adverse party is an executor or administrator. When the deceased, if alive, could…
2Cases cited5 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Church v. DavisSupreme Court of Pennsylvania · 1840
- Mitchell v. BelknapSupreme Judicial Court of Maine · 1844
- Hickok v. RidleySupreme Court of Vermont · 1843
- Dunn v. WhitneySupreme Judicial Court of Maine · 1833
3Cited by4 opinions
- Doe v. LucySupreme Court of New Hampshire · 1927
- Stevens v. MoultonSupreme Court of New Hampshire · 1894
- Converse v. HobbsSupreme Court of New Hampshire · 1886
- Sheehan v. HennesseySupreme Court of New Hampshire · 1889