Phelps v. Sinclair
Superior Court of New Hampshire
An agent is a competent witness for his principal, although his testimony may tend to discharge himself. Where goods are delivered by Jl to B to sell, and B delivers them to a third per» son to sell, such third person has so lien upon the goods for his charges in relation to the goods. Trover for eight saddles.
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An agent is a competent witness for his principal, although his testimony may tend to discharge himself. Where goods are delivered by Jl to B to sell, and B delivers them to a third per» son to sell, such third person has so lien upon the goods for his charges in relation to the goods. Trover for eight saddles. The cause was tried here at November term, 1822, upon the general issue, when it appeared in evidence, that the saddles were the property of the plaintiff, and that in November, 1817, he delivered them to one Joel Jones, of Middleton, in Connecticut, to sell and account with the…
1Opinion of the Court
By the Court.
There is tjo doubt, that an agent may be a witness for his principal, without a release, although his testimony may go to discharge himself. This is an exception to the general rule. 1 N. H. Rep. 192, Strafford Bank vs. *555Cornell. The testimony of Jones was then properly admitted in this case.
But it is contended that Hall had a lien upon the saddles, and the right of possession, so that the plaintiff, having neither the possession, nor the right of possession, can maintain no action. But we consider it as settled, that if an agent or factor, for sale, agree with a third person, to…
2Cases cited1 opinion
- Strafford Bank v. CornellSuperior Court of New Hampshire · 1818
3Cited by1 opinion
- Bailey v. ShawSuperior Court of New Hampshire · 1851