100 A.2d 838
No. 4252.Supreme Court of New Hampshire Cheshire.Submitted November 5, 1953.
Decided November 30, 1953.
It was within the discretion of the Trial Court to permit plaintiff’s counsel on cross-examination to attack the credibility of one defendant by examining the other concerning the amount of a hospital bill which was the basis of a loan by the plaintiff to the defendants.
ACTION, for moneys claimed to have been loaned by the plaintiff to the defendants. Trial by Court resulting in a verdict for the plaintiff. During the trial the defendants excepted to the admission of certain evidence. Other facts appear in the opinion. Transferred by Grimes, J.
Joseph T. Cristiano for the plaintiff, furnished no brief.
Earl Brennan for the defendants, furnished no brief.
BLANDIN, J.
The sole exception transferred is to the Court’s permitting plaintiff’s counsel on cross-examination to question the defendant Geraldine Blanchard as to the amount of her hospital bill. The plaintiff testified that the defendants were hard pressed and that he loaned them money at various times, including $190
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towards paying Geraldine’s hospital bill. The defendants denied most of the plaintiff’s claims in general and the hospital loan in particular. In the course of the defendant Jerry’s denial of this loan, he further claimed the hospital bill only amounted to $121. As bearing on this defendant’s credibility, plaintiff’s counsel sought to prove by Mrs. Blanchard that the bill exceeded $121, and the Court permitted cross-examination along this line over the defendants’ exception. An examination of the record convinces us that no prejudice resulted from Mrs. Blanchard’s answers, and furthermore, that there was no abuse of discretion in permitting the questions which tended to discredit the defendant’s claims. Noel v. LaPointe, 86 N.H. 162, 167. It follows the order is
Judgment on the verdict.
All concurred.