Fuller v. Little
Superior Court of New Hampshire
Assumpsit upon an account annexed to the writ, for goods, and money. Part of the articles appeared, by the account, to have been delivered to one George Little, and part to one Adams Moore. The case was committed to an auditor, who examined the plaintiff as a witness in chief, in support of his claim. The defendant objected to the admission of the plaintiff as a witness, because said George Little was out of the country, and had been for some time previous.
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Assumpsit upon an account annexed to the writ, for goods, and money. Part of the articles appeared, by the account, to have been delivered to one George Little, and part to one Adams Moore. The case was committed to an auditor, who examined the plaintiff as a witness in chief, in support of his claim. The defendant objected to the admission of the plaintiff as a witness, because said George Little was out of the country, and had been for some time previous. It appeared, from the report of the auditor, that in 1827, the plaintiff purchased a farm of the defendant, for which he gave certain…
1Opinion of the CourtParker, J.
The objection to the examination of the plaintiff, as a witness in chief, by the auditor, is in the nature of a motion to set aside the report. But such motion cannot prevail on the case before us.
Where actions upon accounts are tried before the jury, the practice, which has prevailed, of admitting the book of the party in evidence, with his oath supplementary thereto, stating that he delivered the articles, and made the charges at or about the time they purport to have been made, has never extended to make the party a witness in chief, unless Ms adversary chose to make him so by a cross…
2Cases cited2 opinions
- Raymond v. BearnardNew York Supreme Court · 1815
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
3Cited by9 opinions
- Crosby v. WyattSuperior Court of New Hampshire · 1839
- Lovering v. LoveringSuperior Court of New Hampshire · 1843
- Snow v. PrescottSuperior Court of New Hampshire · 1842
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839
- Chamberlin v. PerkinsSupreme Court of New Hampshire · 1875
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