Kittredge v. Folsom
Superior Court of New Hampshire
Assumpsit upon promises of Benjamin Kittredge, the testator. 1. Upon an account annexed — 2, for work and labor —3, money had and received — and 4, money paid.
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Assumpsit upon promises of Benjamin Kittredge, the testator. 1. Upon an account annexed — 2, for work and labor —3, money had and received — and 4, money paid. The action was commenced on the 2d of June, 1832. The defendant pleaded — 1, the general issue, which was joined. 2. That the plaintiff never exhibited the demands declared on, to the defendant, before the service of the writ; on which there was an issue to the country. 3. That the plaintiff, between the time when the defendant took administration, on the 15th of February, 1832, and the commencement of the suit, never made any demand…
1Opinion of the CourtParker, J.
The first question which arises in this case is, upon the sufficiency of the third plea, which alleges that the plaintiff, between the time when the defendant took administration under the will of Benjamin Kittredge, which *105he avers was on the 15th day of February, 1832, and the commencement of the suit, never made any demand upon the defendant for payment.
We are of opinion that this plea is no sufficient answer to the plaintiff’s action. The claims of the plaintiff, as set forth in his writ, are not of such a nature as to require a special demand, in order to sustain a suit against the…
2Cited by2 opinions
- Boody v. EmersonSuperior Court of New Hampshire · 1845
- Kelley v. Peerless InsuranceSupreme Court of New Hampshire · 1981