Breed v. Gove
Supreme Court of New Hampshire
This action, brought by Thomas F. Breed against Pel-tiah Gove, was referred to an auditor, who reported that the claim of the plaintiff was for the sum of $38.88, for necessaries furnished the wife of the defendant while living apart from her husband; and the auditor found that the plaintiff was not entitled to recover any portion of said sum of the defendant.
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This action, brought by Thomas F. Breed against Pel-tiah Gove, was referred to an auditor, who reported that the claim of the plaintiff was for the sum of $38.88, for necessaries furnished the wife of the defendant while living apart from her husband; and the auditor found that the plaintiff was not entitled to recover any portion of said sum of the defendant. By consent of parties the auditor farther reported, that upon the hearing the plaintiff offered Phebe H. Gove, the wife of the defendant, as a witness, the defendant objecting, and the auditor excluded her from testifying, to which…
1Opinion of the CourtNesmith, J.
This case finds that this action was brought to recover of the defendant a balance for necessaries furnished to the wife of the defendant while living separate or apart from the husband. Upon the hearing of this case before the auditoi’, the plaintiff offered Phebe H. Gove, the wife of the defendant, as a witness. The defendant objected. The auditor excluded the witness. To this ruling of the auditor the plaintiff’ excepted; and the question now presented is, Was the ruling of the auditor correct ? By the recent statutes in this State, allowing parties to actions to testify, so far as the…
2Cases cited1 opinion
- Erwin v. SmallerThe Superior Court of New York City · 1849