Kingsbury v. Smith
Superior Court of New Hampshire
Trover, for a three year old colt. It appeared that the colt was owned by the defendant, and that, on the 29th of October, 1838, a sale of said colt was made by the defendant to one William H. Chandler, in consideration of two notes received of said Chandler, one for $30 in cash, and the other for $10 in shoe making, both payable in January, then next; — that, on the same day, said colt was conveyed by said Chandler to the plaintiff, in payment in part of a precedent debt…
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Trover, for a three year old colt. It appeared that the colt was owned by the defendant, and that, on the 29th of October, 1838, a sale of said colt was made by the defendant to one William H. Chandler, in consideration of two notes received of said Chandler, one for $30 in cash, and the other for $10 in shoe making, both payable in January, then next; — that, on the same day, said colt was conveyed by said Chandler to the plaintiff, in payment in part of a precedent debt due .from said Chandler to the plaintiff, and in part for a consideration paid by the plaintiff at the time of said…
1Opinion of the CourtWoods, J.
We.will first enquire as to the sufficiency of the notification to Smith, of the caption of the deposition of Chandler, used on the trial of this cause. It is contended, on the part of the' defendant, that the notification was wholly insufficient, inasmuch as the same did not, as he alleges, point out the parties in the suit ; or, in other language, the notice did not specify, with proper precision, the suit in which the deposition taken was intended to be used. And, undoubtedly, if the notification were thus defective, such defect would constitute a valid objection to the use of the…
2Cases cited8 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Armstrong v. PercyNew York Supreme Court · 1830
- Blasdale v. BabcockNew York Supreme Court · 1806
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Drew v. TowleSuperior Court of New Hampshire · 1855
- Sargent v. UsherSupreme Court of New Hampshire · 1875
- Smith v. FairbanksSuperior Court of New Hampshire · 1853