Proctor v. Blanchard
Supreme Court of New Hampshire
Assumpsit, upon a promissory note. Trial by the court and verdict for the plaintiff. Transferred from the May term, 1908, of the superior court by Pihe, J. One question was whether Wheeler, the defendant’s intestate, indorsed the note. The note was dated April 11, 1905, was payable to the plaintiff, was signed by one Maxwell, and when delivered bore the name of Wheeler as indorser.
Read the full summary
Assumpsit, upon a promissory note. Trial by the court and verdict for the plaintiff. Transferred from the May term, 1908, of the superior court by Pihe, J. One question was whether Wheeler, the defendant’s intestate, indorsed the note. The note was dated April 11, 1905, was payable to the plaintiff, was signed by one Maxwell, and when delivered bore the name of Wheeler as indorser. The indorsement was made on the back of a printed form for a promissory note, and the paper so indorsed was given to Maxwell to be used by him in purchasing horses. The note ivas left in blank because it was…
1Opinion of the CourtWalker, J.
The witness Maxwell was not a party to the suit, nor was he legally interested in the result of it. As between him and Wheeler, the latter was an accommodation indorser. Maxwell was ultimately liable on the note. Whether the plaintiff succeeded or not in this suit, his liability was unaffected. As he was neither technically nor substantially a party to the suit, he was not precluded from testifying by the statute which provides that “ when one party to a cause is an . . . administrator1, . . . neither party shall testify in respect to facts which occurred in the lifetime of the deceased.” P.…
2Cases cited2 opinions
- Smith v. WellsSupreme Court of New Hampshire · 1899
- Citizens' National Bank v. SmithSupreme Court of New Hampshire · 1875
3Cited by3 opinions
- Wiegand v. WiegandSupreme Court of Pennsylvania · 1944
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
- Crowther v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1918