Dow v. Merrill
Supreme Court of New Hampshire
Assumpsit, for labor and services performed for the testator, €. A. Merrill, in his lifetime. Trial by jury. Yerdict for the plaintiff. Among the items of the plaintiff’s claim was one for keeping and training a colt belonging to the testator. The defendants claimed that the colt, concerning which the charge was made, belonged to the plaintiff himself.
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Assumpsit, for labor and services performed for the testator, €. A. Merrill, in his lifetime. Trial by jury. Yerdict for the plaintiff. Among the items of the plaintiff’s claim was one for keeping and training a colt belonging to the testator. The defendants claimed that the colt, concerning which the charge was made, belonged to the plaintiff himself. Subject to the defendants’ ■exception, the plaintiff was permitted to testify that he did not claim the colt only for the keeping; that he had boarded and taken care of him ever since he was bought, in April, 1880. Abner L. Merrill, one of the…
1Opinion of the CourtBlodgett, J.
1. The election of the executor to testify was a ■waiver of the defendants’ exception to the competency of the plaintiff’s precedent testimony (Eastman v. Amoskeag Co., 44 N H. 143), and also empowered him to testify generally in the cause as .-a matter of right. “Where an executor, being a party to a suit, has elected'to testify in the cause, the court has no discretionary ■power to reject the proffered testimony of the adverse party, even though it relate to conversations between himself and the testator ■of which the executor has no knowledge, and which he could have ¡no means of…
2Cited by7 opinions
- Ball v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- Greenlee v. North British & Mercantile InsuranceSupreme Court of Iowa · 1897
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Parsons v. WentworthSupreme Court of New Hampshire · 1904
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