Sargent v. Wilson

59 N.H. 396

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1879
• Status: Published

Opinion

Allen, J.

Testimony introduced to impeach the credit of a witness, to be competent must be founded, upon the witness’s reputation for truth. General reputation affecting his character-in other ways than for truth is not sufficient, and a belief in the want of veracity of the witness, founded on personal dealings with him, is not a belief derived from reputation, and is not admissible evidence to impeach his credit. The testimony admitted to impeach the witness was not competent for that purpose. State v. Howard, 9 N. H. 485; Chase v. Blodgett, 10 N. H. 22; Hoitt v. Moulton, 21 N. H. 586, 591, 592; Kelley v. Proctor, 41 N. H. 139.

Award set aside.

Foster, J., did not sit: the others concurred.