Fellows v. Champion International Co.
Supreme Court of New Hampshire
Assumpsit, to recover for cutting and hauling 5,000 cords of pulp-wood. The quantity of wood delivered by the plaintiffs was the only matter in issue. Trial by the court. Transferred from the October term, 1911, of the superior court by Pike, J., on the plaintiffs’ exceptions to a remark of the defendants’ counsel and to the exclusion of certain evidence.
1Opinion of the CourtYoung, J.
The defendants’ counsel, in objecting to the competency of a book, said: “I challenge this book as a book used in the regular course of business; I don’t believe it.” The plaintiffs contend that this remark was improper because it was an expression of opinion; in other words, they contend that counsel was testifying. If that is true, or if the remark was calculated to give the court that impression, either because of its form or the circumstances under which it was made, it was improper; but if it was not calculated to give the court that impression, it was not improper merely because of its…
2Cited by1 opinion
- Grossbard v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917