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59 N.H. 70

Ossipee v. Grant

Supreme Court of New Hampshire

Decided June 5, 1879

Supreme Court of New Hampshire · decided 1879-06-05

Assumpsit, to recover $586.78 and interest. Plea, general issue, and statute of limitations. Writ dated April 1, 1876. Tbe plaintiff town bad borrowed of tbe defendant $500, which was repaid, and, as the plaintiffs claimed, was repaid by mistake a second time, March 10, 1865, with interest, which the defendant denied.

Cited by 2 later decisions — most recently January 1917

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-06-05

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*71 Bingham, J.

¶1 Tlie question which the defendant desired to ask did not relate to errors in the account in controversy, but in other accounts. Its purpose was to test the correctness of the bookkeeper. When a book account is proved, and the accuracy of the book-keeper is involved, it is not error of law to allow other accounts in the same book to be introduced in impeachment of his accuracy: but how much time will be profitably and properly spent on the collateral inquiry is a question of fact to be determined at the trial term.

¶2 The request for instructions was properly denied.

¶3 Judgment on the verdict.

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