Stevens v. Moulton
Supreme Court of New Hampshire
Assumpsit, by the administrators .of the estate of "W. H. Cummings, for grain. Facts found by a referee. Mr. Stevens, one of the plaintiffs, was sworn as a witness, at their request, without reservation, qualification, or limitation in respect to his testimony.
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Assumpsit, by the administrators .of the estate of "W. H. Cummings, for grain. Facts found by a referee. Mr. Stevens, one of the plaintiffs, was sworn as a witness, at their request, without reservation, qualification, or limitation in respect to his testimony. He produced and identified Cummings’ account books, and testified that the entries upon them against the defendant relating to the items in suit were in Cummings’ handwriting, and had not been changed since the books came into the possession of the witness, in 1891. Upon cross-examination, he testified that he understood the entries…
1Opinion of the CourtChase, J.
The statute removing the disqualification of witnesses by reason of their interest in the event of the suit (Laws 1857, c. 1952; Laws 1858, c. 2090; Laws 1865, c. 4074; G. S., c. 209, ss. 18-17; G. L., c. 228, ss. 13-17; Laws 1889, c. 74; P. S., c. 224, ss. 13-17) was designed “to enlarge and not contract the field of testimony.” Accordingly, it has been uniformly held that the exception in it, providing that a party to an action shall not testify if the adverse party is an administrator or the guardian of an insane person, unless the administrator or guardian elects to testify, does not…
2Cases cited6 opinions
- Lassone v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1890
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Dow v. MerrillSupreme Court of New Hampshire · 1889
- Bailey v. HarveySupreme Court of New Hampshire · 1880
- Peirce v. BurroughsSupreme Court of New Hampshire · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Billingsley v. GulickMichigan Supreme Court · 1932
- Johnson v. HoffmanSupreme Court of New Jersey · 1951
- Parsons v. WentworthSupreme Court of New Hampshire · 1904
- Jordan v. Jordan's EstateSupreme Court of New Hampshire · 1911