Odiorne v. Howard
Superior Court of New Hampshire
Assumpsit, on a note for one hundred and forty three dollars eighty-seven cents, dated March 1, 1833, drawn payable on demand and interest, to one Robert H. Palmer, or order, and by him indorsed to the plaintiffs.
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Assumpsit, on a note for one hundred and forty three dollars eighty-seven cents, dated March 1, 1833, drawn payable on demand and interest, to one Robert H. Palmer, or order, and by him indorsed to the plaintiffs. The writ was dated November 18, 1837. Palmer testified that sometime in the spring of 1837 he indorsed the note to the plaintiffs as collateral security for a debt he was owing them, and that before the note was thus indorsed by him the.same had been fully paid to him ; but for some reason, which he did not recollect, it had not been delivered up to the defendant. To this evidence…
1Opinion of the CourtUpham, J.
It was formerly holden that no person who had signed a negotiable bill or note could be a witness to impeach its validity, 1 D. & E. 296, Walton vs. Shelley; but the contrary of this doctrine is now well settled in the English courts, and the party to a bill or note is admitted as a competent witness, to defeat or support an action founded *345upon such note, unless he is directly interested in the event of the suit, or unless the verdict would be evidence for or against him.
Thus, in an action against one of several makers of a note, any of the other signers is a competent witness for the…
2Cases cited8 opinions
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
- Warren v. MerryMassachusetts Supreme Judicial Court · 1807
- Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
- White v. KiblingNew York Supreme Court · 1814
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3Cited by3 opinions
- Haines v. DennettSuperior Court of New Hampshire · 1840
- Hoit v. RussellSupreme Court of New Hampshire · 1876
- Stevenson v. ChapmanSuperior Court of New Hampshire · 1842