Bowman v. Sanborn & Harper
Superior Court of New Hampshire
Assumpsit, on review. The original writ was dated February 8th, 1843, and contained one general count for $12,000, money had and received by Smith Sanborn in his life time, for the use of the plaintiff, and for a like sum for money paid, laid out and expended by the plaintiff for said Smith ; and averred a demand and refusal, both upon Smith in his life time, and upon his executors since his decease.
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Assumpsit, on review. The original writ was dated February 8th, 1843, and contained one general count for $12,000, money had and received by Smith Sanborn in his life time, for the use of the plaintiff, and for a like sum for money paid, laid out and expended by the plaintiff for said Smith ; and averred a demand and refusal, both upon Smith in his life time, and upon his executors since his decease. Under this general count the plaintiff filed the following specification : “ The plaintiff on the trial of this action will rely on, and put in evidence, the following facts, to wit: that Smith…
1Opinion of the CourtEastman, J.
The question which has been most fully discussed by the counsel in this case, relates to the correctness of the ruling of the court in excluding the deposition of Henderson; and to this question we will first turn our attention.
It appears that two depositions of the witness had been taken; one, ex pcvrte; and the other, upon appearance. The one taken ex parte was first offered, and was objected to on the ground that it had been improperly taken. This ob*103jection was sustained by the court upon the facts which then appeared. The other deposition was then read and used by the plaintiff without…
2Cases cited13 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Bradstreet v. BaldwinMassachusetts Supreme Judicial Court · 1814
- Wendell v. SaffordSuperior Court of New Hampshire · 1841
- Haven v. WendellSuperior Court of New Hampshire · 1840
- Bean v. QuimbySuperior Court of New Hampshire · 1829
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3Cited by3 opinions
- Day v. DaySupreme Court of New Hampshire · 1876
- Fletcher v. ThompsonSupreme Court of New Hampshire · 1875
- Taft v. Northern Transportation Co.Supreme Court of New Hampshire · 1876