Brighton Market Bank v. Philbrick
Supreme Court of New Hampshire
Assumpsit, to recover of the defendant the amount of Kimball & Magoon’s note for $1,250, dated June 28,1859, payable to him, or order, in twenty-one days at the plaintiffs’ bank, and by him indorsed to the plaintiffs. Plea, the general issue. On trial before the court, the signature and indorsement of the note in suit were admitted, and the only controversy was as to the sufficiency of the notice of the dishonor of the note given to the defendant by the plaintiffs.
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Assumpsit, to recover of the defendant the amount of Kimball & Magoon’s note for $1,250, dated June 28,1859, payable to him, or order, in twenty-one days at the plaintiffs’ bank, and by him indorsed to the plaintiffs. Plea, the general issue. On trial before the court, the signature and indorsement of the note in suit were admitted, and the only controversy was as to the sufficiency of the notice of the dishonor of the note given to the defendant by the plaintiffs. It appeared that on the day of the maturity of the note, the plaintiffs, after making inquiry at the Cattle Market Hotel, in…
1Opinion of the Court
Fowler, J".
The evidence, offered by the plaintiffs and rejected by the com’t below, was mere hearsay, and therefore inadmissible. Besides, it was immaterial,,
If the fact that the plaintiffs had made the inquiries stated, and received the answers indicated, after the maturity and notice of the dishonor of the note in suit, had been material, the proposed testimony might have been competent. 2 Gr. Ev., sec. 278; 1 Gr. Ev., secs. 100, 101; Emerson v. White, 29 N. H. 297; State v. Wentworth, 87 N. H. 217. But that fact was wholly immaterial upon the only question in controversy between the…
2Cases cited5 opinions
- Bank of Utica v. BenderNew York Supreme Court · 1839
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Whiteside v. People ex rel. UphamNew York Supreme Court · 1841
- Carroll v. UptonThe Superior Court of New York City · 1848
- Rawdon v. RedfieldThe Superior Court of New York City · 1849