Pillsbury v. Cammett
This text of 2 N.H. 283 (Pillsbury v. Cammett) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action of assumpsit against two defendants, upon a joint contract, and it is a general rule, to which this case seems to form no exception, that in such a case, judgment cannot be given against one defendant with[284]*284out the other, 1 Chitt. Pl. 31.—1 East 48, Sheriff et al. vs. Wilks.
The verdict in favor of Cammett has placed the plaintiff in ⅛ srnaiion, in which lie cannot avail himself of Jidsmb default. Js'chon, was, therefore, clearly an incompetent witness for CammeU.(l)
The verdict must be set aside, and a mw trial be granted,
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2 N.H. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pillsbury-v-cammett-nhsuperct-1820.