Bryant v. Ritterbush
Superior Court of New Hampshire
The endorser of a note of hand is a competent witness to prove the note paid before he endorsed it. When a note has once been paid, it ceases to be negotiable. This was an action of assumpsit upon a note of hand made by the now wife of Ritterbush, when sole, and by one Samuel Roby, dated February 22, 1812, for $100, payable in three years, with interest annually, to Ezra Baldwin, and by him endorsed to the plaintiff.
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The endorser of a note of hand is a competent witness to prove the note paid before he endorsed it. When a note has once been paid, it ceases to be negotiable. This was an action of assumpsit upon a note of hand made by the now wife of Ritterbush, when sole, and by one Samuel Roby, dated February 22, 1812, for $100, payable in three years, with interest annually, to Ezra Baldwin, and by him endorsed to the plaintiff. The cause was tried here at October terna, 1819, upon the general issue, when it appeared in evidence, that the note was given for money advanced by Baldwin to the makers, on a…
1Opinion of the CourtRichardson, C. J.
As some of the facts, upon which the defence in this case rests, were proved by the testimony of Baldwin, it is necessary in the first place to determine whether he was a competent witness. It is objected,that as the note was negotiable and endorsed by Baldwin, he was an incompetent witness to prove that at the time he endorsed it, the note had been paid. We have decided, that a party in a negotiable security is not a competent witness to prove such security to have *214been originally void.(l) In the ease of Churchill vs. Sitter,(2) the reasons, history, and limitations of this rule of law are…
2Cases cited1 opinion
- White v. KiblingNew York Supreme Court · 1814
3Cited by6 opinions
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- Carleton v. WhitcherSuperior Court of New Hampshire · 1830
- Orr v. LaceyMichigan Supreme Court · 1846
- Hadduck v. WilmarthSuperior Court of New Hampshire · 1830
- Haines v. DennettSuperior Court of New Hampshire · 1840
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