4 A. 572 | N.H. | 1885
Evidence that the plaintiff's firm and other creditors of the defendant brought suits against him in Massachusetts, still pending, had no tendency to show that the present suit was not brought in good faith, or was brought for the purpose of oppression. No evidence is reported tending to show that the Massachusetts suits were not properly brought, nor that the claims of the plaintiffs in those suits are not valid claims against the defendant. There is no presumption that the suits were brought to oppress the defendant, or were not brought in good faith. Fraud is never presumed. Indeed, the case finds that the plaintiffs in those suits paid or assumed the notes which had been endorsed by themselves and the defendant. It is not shown that the Massachusetts suits have any connection with the question of payment in issue in this suit. The mere fact that the plaintiff's firm and other parties sued the defendant in Massachusetts does not tend to show that the plaintiff wrongfully sued him in this state. The mere employment of legal process for the collection of debts or for the enforcement of rights is not legal oppression.
Mr. Justice Stephen defines logical relevancy as follows: Two facts are said to be relevant to each other when so related "that, according to the common course of events, on either taken by itself or in connection with other facts, proves or renders probable the past, present, or future existence or non-existence of the other." Stephen Dig. Ev., art. 1. Legal relevancy includes logical relevancy, and requires a higher standard of evidentiary force. A fact logically relevant may be rejected, if, in the opinion of the judge and under the circumstances of the case, it be considered essentially misleading or too remote. Best Ev. (Chamberlayne's), s. 251, n. 1. Without the fact's being shown, the jury were asked to presume that the Massachusetts suits were unjust and oppressive, and from that presumed fact to further presume that this suit is unjust and oppressive. This would be an inference from an unauthorized inference, — one presumption resting on another that rests on nothing. The law of evidence requires an open, visible connection between the principal and evidentiary facts and the deductions from them, and does not permit a decision to be made on groundless inferences. United States v. Ross,
These remarks equally apply to the evidence introduced in regard to the pendency of the suit brought by the plaintiff's firm against the defendant in this state, to the granting of the injunction against prosecuting that suit until the equity suit in Massachusetts can be tried, and to the judgment obtained by the plaintiff's firm against the Swaine Turbine and Manufacturing Company. It is not shown that the judgment was collusive or fraudulent, or that the suit was brought for an improper purpose, or that the claims sued in the suit of Cole Nichols are not honest claims, justly due. When a plaintiff splits his cause of action and brings more suits than are necessary, the court may prevent injustice by consolidating the suits, or by adjusting the matter of costs. But the fact that a plaintiff brings two suits when his whole case can be tried in one with justice to both parties, has never been deemed a defence to either suit; and it does not appear that this suit could have been consolidated with any other suit.
Evidence in support of the claim of bad faith and oppression, if competent, was competent only as it tended to support the defence of payment. The validity of the notes was not questioned. The defendant admitted that they were valid notes founded upon a good consideration, but asserted that they had been paid; and upon this point the testimony was conflicting. If the jury should find that the plaintiff was bringing fictitious suits against the defendant, or even valid suits for improper purposes, that fact might affect the weight the jury would give his testimony upon the issue of payment. But the defendant having wholly failed to show that the other suits were fraudulent, or brought for oppressive or other improper purposes, the evidence had no tendency to prove that the present suit is prosecuted in bad faith, or is oppressive, or to prove payment.
It may be said of all this evidence that it was immaterial; but it must be quite apparent that the evidence was well calculated to mislead and prejudice the jury in favor of the defendant, and the plaintiff is entitled to a new trial. Winkley v. Foye,
Some of the evidence excepted to was also inadmissible, because it was secondary.
It does not appear how the defendant's ownership of attachable property, during the time the notes remained unpaid, tended to prove payment. Whether such ownership as there was after the time of alleged payment, if properly proved, would be entitled to consideration, is a question on which we express no opinion.
Exceptions sustained.
ALLEN, J., did not sit: the others concurred.