Legal Opinion

Potter v. Moody

Supreme Court of New Hampshire

Decided November 6, 1918PublishedCited by 1 opinion

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

  1. Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
  2. Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
  3. Seeton v. DunbartonSupreme Court of New Hampshire · 1905
  4. Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
  5. Leavitt v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Watts v. Derry Shoe Co.Supreme Court of New Hampshire · 1921

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