Rich v. Flanders
Supreme Court of New Hampshire
Assumpsit, brought by Shebuah Rich and John W. Smith, as partners, under the firm of Rich, Smith & Co., against Josiah Abbot and George M. Flanders, as partners, doing business in the name of Josiah Abbot, to recover a balance of $1447.51, due the plaintiffs for goods sold and delivered by them to Abbot alone, between March 11, 1854, and June 19, 1854, inclusive,, but which went to the use and for the benefit of the firm, consisting of both Abbot and Flanders, the existence…
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Assumpsit, brought by Shebuah Rich and John W. Smith, as partners, under the firm of Rich, Smith & Co., against Josiah Abbot and George M. Flanders, as partners, doing business in the name of Josiah Abbot, to recover a balance of $1447.51, due the plaintiffs for goods sold and delivered by them to Abbot alone, between March 11, 1854, and June 19, 1854, inclusive,, but which went to the use and for the benefit of the firm, consisting of both Abbot and Flanders, the existence of the firm being unknown to the plaintiffs at the time of the sale and delivery of the goods. The writ was dated…
1Opinion of the Court
Sar&ent, J.*
In this case the action was not commenced until after the passage of the statute of 1857, making parties witnesses in certain cases.
This statute (Pamphlet Laws, ch. 1952, sec. 1), provides that “ no person shall be excused or excluded as a witness in any civil suit or proceeding at law or in equity by reason of interest in the event of the same as a party or otherwise, except as is hereinafter provided, but such interest may be shown for the purpose of affecting his credit.” Section 3 provides that nothing in this act" shall in any-manner affect any suitor proceeding pending at…
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