Cummings v. Farnham
Supreme Court of New Hampshire
Assumpsit, upon two promissory notes given by tire defendant’s testator to the plaintiff’s testatrix. Transferred from the June term, 1908, of the superior court by Chamberlin, A ■, on the defendant’s exceptions to the denial of motions for a nonsuit and the direction of a verdict in his favor. Facts agreed.
Read the full summary
Assumpsit, upon two promissory notes given by tire defendant’s testator to the plaintiff’s testatrix. Transferred from the June term, 1908, of the superior court by Chamberlin, A ■, on the defendant’s exceptions to the denial of motions for a nonsuit and the direction of a verdict in his favor. Facts agreed. Jacob H. Cook died November 26, 1904, and the defendant was appointed executor of his estate January 3, 1905. Lilla M. Cook died May 29, 1905, and a special administrator of her estate was appointed in Massachusetts March 5, 1906. The plaintiff was appointed executrix of her estate in…
1Opinion of the CourtBingham, J.
This is an action of assumpsit upon two promissory notes given by the defendant’s testator to the plaintiff’s testa trix. In the superior court it was agreed by the parties, that if upon a transfer of the case the ruling of the court denying the defendant’s motions for a nonsuit and a verdict should be sustained,' the plaintiff should have judgment for the amount of the notes ($318.42) and costs, but that if it should be set aside, the defendant should have judgment with costs. Both motions were based upon the same ground, namely, that the plaintiff had failed to prove that the notes were…
2Cases cited8 opinions
- Page v. WhiddenSupreme Court of New Hampshire · 1880
- Judge of Probate v. RunnellsSupreme Court of New Hampshire · 1890
- Strafford Savings Bank v. ChurchSupreme Court of New Hampshire · 1899
- Ayer v. ChadwickSupreme Court of New Hampshire · 1890
- Merrill v. WoodburySupreme Court of New Hampshire · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911
- W. A. Emerson's Sons, Inc. v. CloutmanSupreme Court of New Hampshire · 1936
- Dewey v. NoyesSupreme Court of New Hampshire · 1912
- Avery v. DoyleSupreme Court of New Hampshire · 1916