Harrington v. Tremblay
Supreme Court of New Hampshire
Trover, for sundry promissory notes, $45 in bank bills, and a piano. The defendant is the administrator of Hr. Adolphus Tremblay, who died May 12, 1879. He was appointed administrator May 28, 1879. The defendant is sued personally, and not as administrator, and he did not elect to testify. Writ dated December 30, 1879. The plaintiff offered herself as a witness, and was admitted, subject to exception.
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Trover, for sundry promissory notes, $45 in bank bills, and a piano. The defendant is the administrator of Hr. Adolphus Tremblay, who died May 12, 1879. He was appointed administrator May 28, 1879. The defendant is sued personally, and not as administrator, and he did not elect to testify. Writ dated December 30, 1879. The plaintiff offered herself as a witness, and was admitted, subject to exception. She also testified, against the defendant’s objection, that she was engaged to be married to Dr. Tremblay in his lifetime; that in the fall of 1878 he had the piano in controversy, which he had…
1Opinion of the CourtBlodgett, J.
The first and most important exception presented by the case is that of the admissibility of the plaintiff as a witness. The suit is against the defendant in his private capacity, but inasmuch as he included the property constituting the subject-matter of the suit in the inventory returned by him as administrator of his intestate’s estate, it is contended in his behalf that the estate is the real party in interest, and consequently that the plaintiff was debarred as a witness by s. 18, c. 228, Gen. Lavrs, which provides that “ when either party of record is not the party in interest, and the…
2Cited by2 opinions
- Harris v. SmithSupreme Court of New Hampshire · 1902
- Ricard v. Pollard Auto Co.Supreme Court of New Hampshire · 1934