New Hampshire Trust Co. v. Korsmeyer Plumbing & Heating Co.
New Hampshire Trust Co. v. Korsmeyer Plumbing & Heating Co.
Opinion of the Court
Separate actions were brought against the New Hampshire Trust Company and Hiram D. Upton by the Korsmeyer Plumbing & Pleating Company, F. W. Brown Lumber Company, Western G-lass & Paint Company, and Leon Baker, each being for goods sold and delivered or labor performed in and about the completion of certain buildings in Lincoln. The four cases presented similar issues and were tried together to the court without the intervention of a jury. There were findings for each plaintiff against the trust company, and judgments thereon. The trust company brings the records here for review.
The assignments of error argued relate to the admission of certain evidence over the objection of the plain
It would be useless to review the questions of fact presented in detail. Disregarding all evidence plainly improper we are convinced that sufficient remained to justify the finding, provided that certain letters purporting -to have been written by the trust company were properly admitted. These were letters for the most part written to the several plaintiffs, and it appeared from each, as well as by Oral evidence, that they were written in response to prior letters sent by the addressees to the trust company or to Upton,_ its president. The objection insisted on is that in such case the answering letter is not receivable unless the.letter which it answers is also offered. Such a rule is stated in a note to section 201 of 1 Greenleaf, Evidence, and also in a note to section 80 of Underhill, Evidence. Perhaps it may be found in other text-books. In each of those cited the sole authority given is Walson v. Moore, 1 C. & K. [Eng.] 626, which is to that effect. The contrary was held by Lord Kenyon in Lord Barrymore v. Taylor, 1 Esp. [Eng.] 326, and also by Parke, B., in De Medina v. Owen, 3 C. & K. [Eng.] 72. In Phillips, Evidence, 416, the two former cases are referred to, but the rule is not so broadly stated as in the American books. It is a significant fact that in Phillips, Walson v. Moore is cited as Watson v. Moore, and that the typographical error is repeated in both Greenleaf and Underhill. We think the true rule is that where the letter
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.