Sanderson v. Peabody
Supreme Court of New Hampshire
Assumpsit, to recover $12,348.42, alleged to be the unpaid balance of an original debt for double that amount, contracted in April, 1864. The defendant claimed that the whole original debt had been discharged by a fifty per cent, composition between the defendant’s firm and its creditors, paid and received in full satisfaction.
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Assumpsit, to recover $12,348.42, alleged to be the unpaid balance of an original debt for double that amount, contracted in April, 1864. The defendant claimed that the whole original debt had been discharged by a fifty per cent, composition between the defendant’s firm and its creditors, paid and received in full satisfaction. The plaintiff denied that his firm was a party to such composition, and contended that the fifty per cent, which his firm received was not paid nor re ceived in satisfaction of the original debt. The defendant pleaded a New York judgment, rendered in his favor in 1875,…
1Opinion of the CourtFoster, J.
Every judgment is conclusive proof, as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from the judgment itself to be the ground on which it was based, unless evidence was admitted in the action in which the judgment was delivered, which is excluded in the action in which the judgment is offered in evidence. Step. Dig. of Evid., art. 41; 1 Greenl. Ev., ss. 528-531; King v. Chase, 15 N. H. 9; Demeritt v. Lyford, 27 N. H. 547.
When a former judgment is thus pleaded or adduced in evidence, it is competent for the plaintiff to…
2Cases cited10 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Bate v. . GrahamNew York Court of Appeals · 1854
- McKnight v. DunlopNew York Supreme Court · 1848
- Rogers v. HigginsIllinois Supreme Court · 1870
- Clark v. DalesNew York Supreme Court · 1855
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3Cited by3 opinions
- Weeks v. HarrimanSupreme Court of New Hampshire · 1888
- Eastman v. ClarkSupreme Court of New Hampshire · 1884
- Stillings v. HaleySupreme Court of New Hampshire · 1896