Buswell v. Davis
Superior Court of New Hampshire
In equity. The bill stated that on the first day of November, 1835, the plaintiff lent to William W. Estabrook $1-000, and took therefor the promissory note of Benjamin Damon, Joseph P. Stickney, and Timothy Chandler, for the same sum, payable to Estabrook, and by him indorsed to the plaintiff, in which note Estabrook was in fact principal, and the other parties thereto sureties — that on the 17th day of October, 1836, Estabrook, for value received, gave to Damon and…
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In equity. The bill stated that on the first day of November, 1835, the plaintiff lent to William W. Estabrook $1-000, and took therefor the promissory note of Benjamin Damon, Joseph P. Stickney, and Timothy Chandler, for the same sum, payable to Estabrook, and by him indorsed to the plaintiff, in which note Estabrook was in fact principal, and the other parties thereto sureties — that on the 17th day of October, 1836, Estabrook, for value received, gave to Damon and Stickney his promissory note for $-3-000, payable to them, or order, on demand, with interest, and at the same time mortgaged…
1Opinion of the CourtParker, C. J.
We do not perceive any ground upon which the defendant is entitled to put in evidence his own stateménts of what passed between the plaintiff and himself; made to third persons when the plaintiff was not present ; and respecting which the plaintiff has introduced no testimony on his part. The declarations of the defendant to the attorney who made his writ, (stating what had previously passed between himself and the plaintiff, and similar, in effect, to the allegations of the answer upon this point,) were not against his interest; do not in any way tend to give a character to his order for a…
2Cases cited3 opinions
- Chickering v. LovejoyMassachusetts Supreme Judicial Court · 1816
- Sessions v. LittleSuperior Court of New Hampshire · 1838
- Gordon v. ShurtliffSuperior Court of New Hampshire · 1836
3Cited by1 opinion
- Middleton v. Boston Locomotive WorksSupreme Court of Pennsylvania · 1856