Legal Opinion

Lesser v. New Hampshire Furniture Co.

Supreme Court of New Hampshire

Decided June 5, 1895PublishedCited by 2 opinions

Assumpsit, for goods sold and delivered. Trial by jury. Verdict for the plaintiffs. The writ is dated May 19, 1894; and the only question wras whether payment for the goods was then due, the plaintiffs claiming that it became due May 10, and the defendant that it was not due until June 10. John W. Wood, who was sole defendant (doing business in the name of the N. H. Furniture Co.), testified in his own behalf, to the effect that, by the agreement for the purchase of the…

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Assumpsit, for goods sold and delivered. Trial by jury. Verdict for the plaintiffs. The writ is dated May 19, 1894; and the only question wras whether payment for the goods was then due, the plaintiffs claiming that it became due May 10, and the defendant that it was not due until June 10. John W. Wood, who was sole defendant (doing business in the name of the N. H. Furniture Co.), testified in his own behalf, to the effect that, by the agreement for the purchase of the goods, payment was not due until June 10. Upon cross-examination, the plaintiffs were allowed to ask questions, subject to…

1Opinion of the CourtWallace, J.

The cross-examination in this case was designed to discredit the defendant, who was a witness in his own behalf. How far justice required this inquiry should be carried, was a question of fact to be determined at the trial term, and the right ■of cross-examination was not affected by the fact that the witness was a party. There was no error of law in permitting the cross-.examination to take the course it did, nor in the admission of the testimony which it evoked. Gutterson v. Morse, 58 N. H. 165; Plummer v. Ossipee, 59 N. H. 55; Free v. Buckingham, 59 N. H. 219, 226; Merrill v. Perkins, 59…

2Cases cited7 opinions

  1. Free v. BuckinghamSupreme Court of New Hampshire · 1879
  2. Gutterson v. MorseSupreme Court of New Hampshire · 1877
  3. Merrill v. PerkinsSupreme Court of New Hampshire · 1879
  4. Watson v. TwomblySupreme Court of New Hampshire · 1881
  5. Perkins v. TowleSupreme Court of New Hampshire · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Challis v. LakeSupreme Court of New Hampshire · 1901
  2. Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904

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