Legal Opinion

Little v. Wyatt

Superior Court of New Hampshire

Decided July 15, 1843PublishedCited by 2 opinions

Assumpsit upon a promissory note, dated on the 28th day of June, 1834., for $98.00, made by the defendant, and payable to the plaintiffs, or order, on demand, with interest.

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Assumpsit upon a promissory note, dated on the 28th day of June, 1834., for $98.00, made by the defendant, and payable to the plaintiffs, or order, on demand, with interest. The defendant pleaded the general issue, and filed a set-off, one of the items of which was the following : “ 1833, August 5. Gash, as per receipt, $50.00.” To prove the payment of the above sum, he offered in evidence the plaintiffs’ receipt, acknowledging the payment of $50.00 on account, under the date of August 5th, 1833. He also offered evidence that the note in suit was given upon the settlement of an account…

1Opinion of the CourtGilchrist, J.

The question before us is settled by the principle recognized in the case of Woodes vs. Dennett, 12 N. H. Rep. 511. There, the plaintiff, for the purpose of rebutting the defendant’s evidence, offered his book of accounts, verified by his oath, in order to prove that a third person was indebted to him; but the book was held incompetent, because it was offered to prove a fact collateral to the issue between the parties. The reasoning in that case, and the authorities when carefully examined, show that the plaintiff cannot use his book of accounts as evidence, except to prove the cause of…

2Cases cited1 opinion

  1. Poultney v. RossSupreme Court of the United States · 1788

3Cited by2 opinions

  1. Putnam v. GoodallSuperior Court of New Hampshire · 1855
  2. Batchelder v. SanbornSuperior Court of New Hampshire · 1851

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