Hayward v. Barron
Supreme Court of New Hampshire
Assumpsit, for goods, wares and merchandise, sold and delivered, brought to recover a balance of $522.13, due the plaintiffs for groceries sold and delivered by them to one Charles G. Parsons, late of Manchester, deceased, but alleged to have been actually purchased for the benefit and use of a firm in which the defendants were partners with said Parsons. Hadley was defaulted.
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Assumpsit, for goods, wares and merchandise, sold and delivered, brought to recover a balance of $522.13, due the plaintiffs for groceries sold and delivered by them to one Charles G. Parsons, late of Manchester, deceased, but alleged to have been actually purchased for the benefit and use of a firm in which the defendants were partners with said Parsons. Hadley was defaulted. After proving the sale and delivery of the goods, the price of which was claimed to be recovered in this action, to Parsons, at the dates mentioned in the specification filed in the ease, the plaintiffs offered the…
1Opinion of the CourtFowler, J.
At common law it was the right of parties in civil causes, as it still is in criminal cases in this State, to have all witnesses produced and examined viva voce, before the jury, and courts of law had no authority to authorize depositions to be taken de bene esse, to be used in trials before themselves. If the personal attendance of witnesses could not be procured, the court might in effect compel the opposite party to consent to have them examined upon interrogatories, or under a commission, by deferring the trial from term to term until such consent was obtained. This was, however, a matter…
2Cases cited5 opinions
- Frink v. PotterIllinois Supreme Court · 1856
- Stiles v. BradfordSupreme Court of Pennsylvania · 1834
- Phenix v. BaldwinNew York Supreme Court · 1835
- Doe ex dem. Sergeant v. AdamsSupreme Court of Vermont · 1801
- Winooskie Turnpike Co. v. RidleySupreme Court of Vermont · 1836
3Cited by3 opinions
- Caledonia, Inc. v. TrainorSupreme Court of New Hampshire · 1983
- Cote v. CompanySupreme Court of New Hampshire · 1933
- McGuinness v. StateNew Mexico Supreme Court · 1979