Weston v. Elliott
Supreme Court of New Hampshire
Bill in Equity, for contribution between co-sureties upon a probate bond signed by Joseph C. Moore, as principal, and James A. Weston, Alonzo Elliott, Frank Dowst, and Cora L. Brook-house, as sureties. The executors and heirs of Weston are the plaintiffs, and Elliott and Dowst are the defendants.
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Bill in Equity, for contribution between co-sureties upon a probate bond signed by Joseph C. Moore, as principal, and James A. Weston, Alonzo Elliott, Frank Dowst, and Cora L. Brook-house, as sureties. The executors and heirs of Weston are the plaintiffs, and Elliott and Dowst are the defendants. The bill alleges, in substance, that, as the result of a suit upon the bond, judgment was rendered against Moore, the estate of Weston, and the other sureties; that Elliott has paid $10,703.29 in part satisfaction of the judgment, and the plaintiffs have paid the balance — $58,384.60 ; that neither…
1Opinion of the CourtParsons, C. J.
The parties to the case are the executors of Weston, who have not elected to testify, Dowst, and Elliott;. The court upon motion of Dowst made an order permitting the examination of Elliott in support of a special defence set up by Dowst. The only question transferred is that raised by the exception to this order.
The plaintiffs’ contention is that the testimony of Elliott cannot be received under section 16, chapter 224, Public Statutes, which provides that when one party to a suit is an executor neither party shall testify, unless the executor elects to testify. This provision is merely an…
2Cases cited6 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Stewart v. KipNew York Supreme Court · 1810
- Neilson v. M'DonaldNew York Court of Chancery · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ralls v. RallsCourt of Appeals of Texas · 1923
- Eagan v. KenneySupreme Court of New Hampshire · 1910