19 N.H. 544 | Superior Court of New Hampshire | 1849
The usage at a certain place, or between certain parties, is evidence tending to show that the parties made their contract with reference to the usage. The words, “ terms cash,” on the bill, do not necessarily and
To prove this, the usage, where bills were paid in six months, to make a discount, was properly received. This usage has some tendency to prove the intention of the parties, and may properly be considered by the jury, in ascertaining what contract the parties made.
The words “ consigned 6 mo,” of themselves, convey no distinct idea to a stranger to the dealings between the parties. The plaintiff may show, by competent testimony, that the goods were consigned, if they were returned in six months, and if not so returned, that they were to be regarded as sold.
We have held, in the case of Farnsworth v. Chase, [ante, p. 534,] that when a usage is so widely practiced on, and so generally known, that the parties must reasonably be presumed to have contracted with reference to it, they will be bound by it. Evidence of such usage does not contradict nor vary the contract. Its only tendency is to explain it. We held, also, that where the parties had always dealt with each other according to a certain mode, that same mode must be held to be adopted by them, unless . something to the contrary should be shown.
We see no objection to the ruling of the court, permitting the witness to refresh his recollection by referring to a copy of the deposition he had given. The object of the defendant undoubtedly was to test the recollection of the witness. But, in justice to the witness, all reasonable aid
Judgment on the verdict.