Fitch v. Hill
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, made by the defendants on the 26th of August, 1808, for the sum of 303" dollars 11 cents, payable by them jointly and severally to Asenath Tohy, or bearer, in four years from the date, with interest after one year, payable annually.
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Assumpsit on a promissory note, made by the defendants on the 26th of August, 1808, for the sum of 303" dollars 11 cents, payable by them jointly and severally to Asenath Tohy, or bearer, in four years from the date, with interest after one year, payable annually. The cause was tried on the general issue, at the last May term in this county, before Jackson, J. On the trial, the defendants admitted the making of the note upon which it appeared, by an endorsement thereon, that 143 dollars were paid on the same 26th of August. On the 9th of May, 1809, the said Asenath was married to one Walter…
1Opinion of the CourtParker, C. J.
The only question of any importance presented by this report is, whether Asenath Fitch, whose deposition was used in the action, although objected to, was a competent witness in the cause; and even this question has ceased to be of importance as to the present action, (a) For, since the release of her husband, as guarantor to *264the note, she is undoubtedly competent; and it is very questionable whether a new trial would be granted under these circumstances, even if her deposition ought to have been rejected.
But we are all of opinion that the deposition was properly admitted, she being a…
2Cases cited2 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Warren v. MerryMassachusetts Supreme Judicial Court · 1807
3Cited by19 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- William & Mary College v. PowellSupreme Court of Virginia · 1855
- Stewart v. FlowersMississippi Supreme Court · 1870
- Colorado Cent. R. Co. v. HumphreySupreme Court of Colorado · 1891
- Pillow v. BushnellNew York Supreme Court · 1849
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