Goodall v. Marshall
Superior Court of New Hampshire
Appeal, from an allowance made by the commissioner of Alzo Rich’s estate, in favor of Goodall, on the following claims, viz : first, on said Rich’s note for $1000, dated December 31, 1835, payable to one Jordan, or order, and by him indorsed to one Dewey, and by said Dewey to said Goodall; second, for $26.28, expenses paid by Goodall in a suit against Rich, abated by his death and the insolvency of his estate ; third, for $1250, had and received by Rich to the use of…
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Appeal, from an allowance made by the commissioner of Alzo Rich’s estate, in favor of Goodall, on the following claims, viz : first, on said Rich’s note for $1000, dated December 31, 1835, payable to one Jordan, or order, and by him indorsed to one Dewey, and by said Dewey to said Goodall; second, for $26.28, expenses paid by Goodall in a suit against Rich, abated by his death and the insolvency of his estate ; third, for $1250, had and received by Rich to the use of Goodall, and the same sum as expended by said Goodall at the request of said Rich. The appeal was duly entered, and at a…
1Opinion of the CourtParker, C. J.
The facts in this case appear in very extended form in the pleadings, and have been commented upon in the arguments of counsel very much in detail. We have not, however, found occasion to dwell upon many of the particulars, nor is it necessary to refer to them in making known our decision.
The mass of facts set forth in the replication furnish no answer to the plea of the defendant administrator, and we are, therefore, thrown back upon that plea; and it only remains for us to consider whether it be good or bad as a plea in bar. If the judgment rendered in Yermont constitutes a bar, the…
2Cases cited2 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Whittier v. WendellSuperior Court of New Hampshire · 1834
3Cited by1 opinion
- Taylor v. BarronSuperior Court of New Hampshire · 1855