Page v. Wheeler
Superior Court of New Hampshire
AssumpsitTuR goods sold and delivered, between the 24th December, 1826, and the 13th June, 1827. The cause was tried here upon the general issue, at October term, 1828. It was admitted that the goods mentioned m the declaration were sold to Jonathan Wheeler, one of the defendants by the plaintiff, and that they were delivered upon the credit of the said Jonathan.
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AssumpsitTuR goods sold and delivered, between the 24th December, 1826, and the 13th June, 1827. The cause was tried here upon the general issue, at October term, 1828. It was admitted that the goods mentioned m the declaration were sold to Jonathan Wheeler, one of the defendants by the plaintiff, and that they were delivered upon the credit of the said Jonathan. But there was evidence tending to prove, that Jonathan Wheeler was indebted to Stephen Wheeler, the other defendant, — that Stephen knew that Jonathan must shortly fail — that Stephen advised Jonathan to go to Boston, where he had…
1Opinion of the CourtXliciiARDsou, C. J.
If it appeared in this case, that the papers, which were delivered to the jury without being read upon the trial, were designedly so delivered by the party, who obtained the verdict, we should not stop to enquire, whether the *93papers were material or not, but should at once eel aside the verdict as a proper punishment for the misconduct of the party. 5 Pick. 298, Hix v. Drury; 3 B. & B. 272, Coster v. Merest.
But we see nothing, that affords any reasonable ground to suspect, that the papers were handed to the jury with any improper views. It is highly probable, that they went to the jury…
2Cases cited2 opinions
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- Glover v. HeathMassachusetts Supreme Judicial Court · 1807
3Cited by1 opinion
- State v. HowardSuperior Court of New Hampshire · 1845