Wright v. Davis
Supreme Court of New Hampshire
Probate Appeal, from the report of the commissioner on the estate of John L. Davis, disallowing a note for §1,200, dated May 15, 1893, payable to the plaintiff on demand. Trial by jury and verdict for the defendant. Transferred from the September term, 1903, of the superior court by Young, J. The note was presented to the commissioner by one Nichols, to whom the plaintiff had assigned it as collateral security.
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Probate Appeal, from the report of the commissioner on the estate of John L. Davis, disallowing a note for §1,200, dated May 15, 1893, payable to the plaintiff on demand. Trial by jury and verdict for the defendant. Transferred from the September term, 1903, of the superior court by Young, J. The note was presented to the commissioner by one Nichols, to whom the plaintiff had assigned it as collateral security. The plaintiff’s evidence tended to prove that his wife was the step-daughter of Davis; that in 1893, Davis and the plaintiff bought a house in St. Albans, Vermont, for §3,500, of which…
1Opinion of the Court
.Pabsons, C. J.
Upon the evidence brought out upon the cross-examination of the plaintiff’s wife, it might be found that she was in fact a plaintiff in interest, and hence incompetent to testify in a suit in which the executrix, who was an adverse party, did not elect to testify. Foster v. Ela, 69 N. H. 460; White v. Dakin, 70 N. H. 632. The conclusion of fact, reasonably infer-able from the evidence, involved in the exclusion of the testimony, is not open to exception. Colburn v. Groton, 66 N. H. 151, 160.
“ When there is a question whether a particular act was done, the existence of any…
2Cases cited6 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Colburn v. GrotonSupreme Court of New Hampshire · 1889
- Hall v. BrownSupreme Court of New Hampshire · 1877
- Concord Land & Water Power Co. v. CloughSupreme Court of New Hampshire · 1900
- Foster v. ElaSupreme Court of New Hampshire · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Hamburg-American Steam Packet Co. v. United StatesCourt of Appeals for the Second Circuit · 1918
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Buxton v. LanganSupreme Court of New Hampshire · 1939
- Chagnon v. PerkinsSupreme Court of New Hampshire · 1937