Ferguson v. Clifford
Supreme Court of New Hampshire
Trover, for a church organ, valued at 8600. The writ bore date the 6th day of December, 1856. The defendant pleaded the general issue, with a brief statement, that he was a deputy of the sheriff of the county of Rockingham, and took the organ upon a writ sued out by one Lane against one Hayes, upon a debt long due from Hayes to Lane, and that Hayes was the owner of the organ when attached.
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Trover, for a church organ, valued at 8600. The writ bore date the 6th day of December, 1856. The defendant pleaded the general issue, with a brief statement, that he was a deputy of the sheriff of the county of Rockingham, and took the organ upon a writ sued out by one Lane against one Hayes, upon a debt long due from Hayes to Lane, and that Hayes was the owner of the organ when attached. It appeared at the trial that Hayes, being resident in Portland, in the State of Maine, and being owner of the organ, on the 29th day of July, 1856, mortgaged it to the plaintiff, who was his…
1Opinion of the CourtFowler, J.
The evidence offered on the trial to prove the record of the mortgage in Portland, was competent, and properly received. Official registers, or hooks kept by persons in public office, in which they are required to write down particular transactions, or to enrol or record particular contracts or instruments, are generally admissible in evidence, notwithstanding their authenticity is not confirmed by those usual and ordinary tests of truth — the «obligation of an oath and the power of cross examining the persons on whose authority their truth and authenticity may depend. This has been said to…
2Cases cited4 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Welch v. WhittemoreSupreme Judicial Court of Maine · 1845
- Whitney v. LowellSupreme Judicial Court of Maine · 1851
- Paul v. HayfordSupreme Judicial Court of Maine · 1842
3Cited by4 opinions
- State v. LarochelleSupreme Court of New Hampshire · 1972
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911
- Wallace v. Lakes Region Construction Co.Supreme Court of New Hampshire · 1984
- State v. LarochelleSupreme Court of New Hampshire · 1972