Ames v. Withington
Superior Court of New Hampshire
Assumpsit, upon two promissory notes, dated September 7, 1821, for $100 each, one made by Winslow .//mes and the defendant, and the other by Winslow Ames, Jonas Wright, and the defendant.
Read the full summary
Assumpsit, upon two promissory notes, dated September 7, 1821, for $100 each, one made by Winslow .//mes and the defendant, and the other by Winslow Ames, Jonas Wright, and the defendant. The cause was tried here, upon the general issue, at April term, 1824, when the defendant, to prove payment of the notes, called Winslow Ames, one of the makers of the notes, the said Ames having been released by the defendant from all claims to contribution, in case the plaintiff should recover. To the admission of Ames, as a witness, the plaintiff objected ; but he was admitted ; and the jury having…
1Opinion of the Court
By the court.
The question to be decided is, whether Winslow Ames was a competent witness in this case ? As the defendant had released the witness from all claim to contribution, Ames had no interest in the event of the suit, unless he can use the judgment in this case as a bar to any suit, that may be brought against him upon the note.
It is a well settled principle of law, that in an action upon a contract against two, if one be defaulted, yet if the other shows a good defence, the plaintiff can have judgment against neither. 2 N. H. Rep. 283, Pillsbury vs. Commett.—1 Levintz 63, Porter vs.…
2Cases cited2 opinions
- Peirce v. ButlerMassachusetts Supreme Judicial Court · 1817
- Pillsbury v. CammettSuperior Court of New Hampshire · 1820
3Cited by4 opinions
- Carleton v. WhitcherSuperior Court of New Hampshire · 1830
- Jewett v. DavisSuperior Court of New Hampshire · 1834
- Bowman v. NoyesSuperior Court of New Hampshire · 1841
- Whipple v. StevensSuperior Court of New Hampshire · 1848