English v. Porter
Supreme Court of New Hampshire
Appeal by the plaintiff from the commissioner on the estate of the defendant’s intestate, Albert J. Pushee. Facts found by a referee. The deceased and his brother, Alfred W. Pushee, had been partners in business up to the time of Albert’s death. The plaintiff’s claim consists of an account against the firm. The defendant filed a counter claim against the plaintiff consisting of an account in favor of the firm and a note for §75 belonging to the firm.
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Appeal by the plaintiff from the commissioner on the estate of the defendant’s intestate, Albert J. Pushee. Facts found by a referee. The deceased and his brother, Alfred W. Pushee, had been partners in business up to the time of Albert’s death. The plaintiff’s claim consists of an account against the firm. The defendant filed a counter claim against the plaintiff consisting of an account in favor of the firm and a note for §75 belonging to the firm. The plaintiff was permitted, against the objection of the defendant, to testify to conversations which he claimed to have had with the surviving…
1Opinion of the CourtBlodgett, J.
That the plaintiff could not make himself a competent witness by his own testimony, and that, in ordinary cases coming within the statute exception (G. L., c..228, s. 16), the living party cannot testify to transactions known only to himself and the deceased, are propositions established by repeated decisions of this court. And upon the question of injustice we find nothing in the reported facts which distinguishes this case from the numerous other cases in which the living party has been excluded as a witness.
But it has been argued at great length, and with much ability, that the exclusion…
2Cited by2 opinions
- Smith v. WellsSupreme Court of New Hampshire · 1899
- Perkins v. PerkinsSupreme Court of New Hampshire · 1895