Ordway v. Sanders
Supreme Court of New Hampshire
Case, against a common carrier for the loss of a package of money. The package was delivered to and embezzled by one Nelson, January 4, 1875, and the question was, whether the defendant authorized Nelson to receive the money as his agent, or held him out as having such authority.
Read the full summary
Case, against a common carrier for the loss of a package of money. The package was delivered to and embezzled by one Nelson, January 4, 1875, and the question was, whether the defendant authorized Nelson to receive the money as his agent, or held him out as having such authority. The evidence tended to show, that in 1874 the defendant’s son George was a common carrier of packages, by stage, past the plaintiff’s store, and that about December 30 he sold the same to the defendant, who took possession on the first day of January, 1875, and continued the business ; that Nelson worked for George…
1Opinion of the CourtBingham, J.
It is said, by the defendant, that the testimony of George Sanders was admissible as a part of the res gesta. The declarations of third persons are not competent evidence as a part of the res gesta, unless they in some way elucidate or tend to give character to some act that they accompany which is material. Woods v. Banks, 14 N. H. 101; Morrill v. Foster, 32 N. H. 358, 360. This was not a statement of a third person that accompanied a material act. Neither was Nelson’s statement, that he would not work for the defendant, evidence to prove that he was not at work for him at the time he…
2Cases cited1 opinion
- Fowler v. MadisonSupreme Court of New Hampshire · 1875
3Cited by3 opinions
- Guerin v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1899
- Race v. Graves & Ramsdell Co.Supreme Court of New Hampshire · 1919
- Willis v. Plymouth & Campton Telephone Exchange Co.Supreme Court of New Hampshire · 1910