Haven v. Wendell
Superior Court of New Hampshire
Assumpsit, on a bank check, drawn by Isaac Wendell, and indorsed by the defendants, who are partners under the firm of A. & J. Wendell, There was also a count for money lent. On the trial the plaintiff produced the bank check mentioned in the first count, the signature and indorsement of which were admitted.
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Assumpsit, on a bank check, drawn by Isaac Wendell, and indorsed by the defendants, who are partners under the firm of A. & J. Wendell, There was also a count for money lent. On the trial the plaintiff produced the bank check mentioned in the first count, the signature and indorsement of which were admitted. He also produced as a witness, John Haven, who testified that he had a conversation with Abraham Wendell, one of the defendants, on the pavement in front of the New-Hampshire Bank, on the subject of this check, some time after the failure of the defendants. He could not now recollect the…
1Opinion of the CourtParker, C. J.
If a witness may use a memorandum, made by him at the time when the facts are alleged to have taken place, for the purpose of refreshing his memory only, this verdict must be set aside. The memorandum itself was here admitted in evidence, in connection with his testimony that he heard certain matters—that he made a memorandum of those matters—that this is that paper—and that it is a true statement of what then took place. The memorandum, therefore, became part of the testimony of the witness; and the question is, whether the paper itself may be received to show the particulars of what then…
2Cases cited3 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Clute v. SmallNew York Supreme Court · 1837
- Clark v. VorceNew York Supreme Court · 1836
3Cited by7 opinions
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
- Seavy v. DearbornSuperior Court of New Hampshire · 1849
- Heath v. WestSuperior Court of New Hampshire · 1852
- State v. RuleCourt of Criminal Appeals of Oklahoma · 1914
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
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