Cross v. Wilkins
Supreme Court of New Hampshire
Assumpsit, for board of the defendant, keeping his horse, and care of his carriages, &c. The defendant filed in set-off an account for labor and services, use of his horse, and a brush and other articles sold. Upon the trial, the parties differed as to most of the charges, both as to the time and price, and some of the charges were denied wholly.
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Assumpsit, for board of the defendant, keeping his horse, and care of his carriages, &c. The defendant filed in set-off an account for labor and services, use of his horse, and a brush and other articles sold. Upon the trial, the parties differed as to most of the charges, both as to the time and price, and some of the charges were denied wholly. The plaintiff’s offered as a witness, as to the price of board and horse keeping, Charles H. Abbott, who testified that he was, and had been for ten months past, a hotel keeper at Claremont. The defendant objected to his admission, on the ground that…
1Opinion of the CourtBellows, J.
Upon questions of value, the market price in the vicinity, including both place and time, may be given in evidence ; but there is no rule which fixes the distance or time within which such proof may be received, and, from the nature of the case, there can be none. Very much, then, must be left to the discretion of the judge who tries the cause to determine, under the circumstances of the particular case, what are the boundaries, as to distance of time and locality, between that which may shed some light upon the issue, and that which is too remote to be useful. As to some things, their value…
2Cases cited2 opinions
- Hickman v. ThomasSupreme Court of Alabama · 1849
- Miller v. MarstonSupreme Judicial Court of Maine · 1852