Webster v. Ela
Superior Court of New Hampshire
Assumpsit. An auditor had been appointed to state the accounts between the parties, who made a report subject to the opinion of the court upon the following question.
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Assumpsit. An auditor had been appointed to state the accounts between the parties, who made a report subject to the opinion of the court upon the following question. The plaintiff, to support a part of his claim against the defendant, called Josiah Little, who, being interrogated by the defendant, stated, that the demands described in the declaration had been assigned to his father, as collateral security for a debt due from the plaintiff to the father, who resided in Massachusetts, and had since deceased ; and that the witness was the administrator of his father’s estate in Massachusetts,…
1Opinion of the Court
By the Court.
It is evident,-that this suit is prosecuted for the benefit of the estate of Josiah Little, deceased. We think this must be presumed, because if it were not so, the interest of the witness might have been easily removed, by returning to the plaintiff the demands which had been lodged with the intestate as security. The *541witness had th en a direct interest in the event of the suit. 7 Cowen, 64, Campbell v. Tousey.
Is that interest extinguished by the release ?
It does not appear on the face of the release, in whose favor it was intended to operate. It is not, however, necessary that…
2Cases cited2 opinions
- Brown v. GilmanMassachusetts Supreme Judicial Court · 1816
- Woods v. WilliamsNew York Supreme Court · 1812
3Cited by2 opinions
- Shofler v. JordanMissouri Court of Appeals · 1955
- Bergin v. McFarlandSuperior Court of New Hampshire · 1853