Benton v. Hopkins

Supreme Court of New Hampshire

Benton v. Hopkins

44 A. 391, 68 N.H. 606

Supreme Court of New Hampshire·Decided December 5, 1894·Published

Opinion

Clark, J.

The question in this case is one of procedure for the trial term. It does not appear whether the defendants are not jointly liable to Benton, the indorsee. If they are, there is no question that the action can be maintained.

As the plaintiffs did not elect to testify, the defendants could not testify to any facts occurring in the lifetime of Benton. P: 8., c. 224, s. 16.

Case discharged.

All concurred.

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Clark, J.

The question in this case is one of procedure for the trial term. It does not appear whether the defendants are not jointly liable to Benton, the indorsee. If they are, there is no question that the action can be maintained.

As the plaintiffs did not elect to testify, the defendants could not testify to any facts occurring in the lifetime of Benton. P: 8., c. 224, s. 16.

Case discharged.

All concurred.

Benton v. Hopkins, 44 A. 391, 68 N.H. 606 (N.H. 1894).

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