60 N.H. 152 | N.H. | 1880
The court at the trial found, upon evidence, that the plaintiff, by reason of insanity, was not competent to be sworn as a witness. Neither party can testify when the adverse party is an executor, administrator, or insane person, if the executor, administrator, or guardian of the insane person does not elect to testify, unless it clearly appears that injustice may be done. G. L., c. 229, ss. 16, 17. To entitle the defendant to testify, he should bring himself within the rule established in cases where the adverse party is an executor or administrator. When the deceased, if alive, could testify about the same matters, the adverse party is excluded. In this case, the occurrences in dispute happened between the parties when the plaintiff was sane. Hoit v. Russell,
The defendant's book of accounts was incompetent to prove payments of larger sums than $6.67. Rich v. Eldredge,
Verdict set aside.
DOE, C. J., did not sit: the others concurred. *156