Potter v. Moody
Supreme Court of New Hampshire
Case, to recover on the ground of misrepresentations a portion of the consideration paid for a farm. The defendant testified that immediately after receiving a notice from the plaintiff rescinding the contract, she had an attorney write a letter for her to the plaintiff which she signed and handed to him. The plaintiff denied receiving it. The defendant introduced in evidence a writing which she alleged was a copy of this letter.
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Case, to recover on the ground of misrepresentations a portion of the consideration paid for a farm. The defendant testified that immediately after receiving a notice from the plaintiff rescinding the contract, she had an attorney write a letter for her to the plaintiff which she signed and handed to him. The plaintiff denied receiving it. The defendant introduced in evidence a writing which she alleged was a copy of this letter. There was no evidence offered to contradict the exhibit as a copy. Relative to this exhibit being a copy of the letter, the plaintiff’s counsel argued as follows:…
1Opinion of the CourtPlummer, J.
The defendant excepted because counsel for the plaintiff stated in argument that an exhibit introduced in evidence by the defendant, purporting to be a copy of a typewritten letter, was not a copy, but was the original; that you could tell by looking at it that it was not a carbon copy. It does not appear that the exhibit was introduced as a carbon copy, but simply as a copy of a typewritten letter. While the appearance of the exhibit might furnish evidence to prove that it was not a carbon copy, it could not be determined by its appearance that it was not a copy, because the typist may have…
2Cases cited8 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Seeton v. DunbartonSupreme Court of New Hampshire · 1905
- Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
- Leavitt v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903
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3Cited by1 opinion
- Watts v. Derry Shoe Co.Supreme Court of New Hampshire · 1921