Corson v. Murinane

Corson v. Murinane. Reporter note to Cook v. Bennett, 51 N.H. 85, at 92. The court, in John Corson and Ellen Corson (wife of John Corson) against Garrett Murinane, decided at the March (adj.) term for Merrimack county, 1870, gave a construction to this section in two respects. The action was assumpsit for money alleged to have been lent by Mrs. Corson to her father, the defendant. Mrs. Corson was allowed at the trial to testify (subject to exception) that she had at different times lent certain sums of money to her father; that until about the time of the institution of this suit-a period of about eleven years-she had never had any conversation with her husband in relation to these transactions; and that he knew nothing of them, &c. There was no testimony, aside from that of Mrs. Corson, which had any bearing upon the question whether or not her "examination as a witness in relation thereto would lead to a violation of marital confidence." The court (opinion by Doe, J.) held, - 1. That Mrs. Corson was a competent witness, to show herself a competent witness-in-chief. 2. That although the words of this section were, "the wife may testify for the husband," &c., - when once a witness, she became so for all purposes, whether for or against her husband. Pike & Blodgett, for the plaintiff. Shirley and Eastman, for the defendant. REPORTER.