Wilson v. Edmonds
Superior Court of New Hampshire
Assumpsit. The writ was dated March 21,1848, and contained two counts; one for use and occupation, and the other for money had and received. The case was committed to an auditor, who allowed the plaintiff’s claim to the amount of $819.08, and the defendant’s set-off to the amount of $1180.91, leaving a balance of $361.88 ,due to the defendant. The auditor’s report was submitted to the jury, and a copy of the same formed a part of the case sent up.
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Assumpsit. The writ was dated March 21,1848, and contained two counts; one for use and occupation, and the other for money had and received. The case was committed to an auditor, who allowed the plaintiff’s claim to the amount of $819.08, and the defendant’s set-off to the amount of $1180.91, leaving a balance of $361.88 ,due to the defendant. The auditor’s report was submitted to the jury, and a copy of the same formed a part of the case sent up. So much of it as is necessary for a proper understanding of the case is as follows: “ Having examined the witnesses and evidence produced by the…
1Opinion of the CourtEastman, J.
According to our apprehension of the matters in controversy in this action, we must, in order properly to understand them, first look to the will of Peter Wilson. This will was made May 12, 1842. To it were added two codicils, the last of which was dated April 4, 1843. Peter died in the following November. By this will and codicils his property would appear to consist chiefly of his homestead No. 14, Court street, Portsmouth; the Appleton house No. 8, Court street; *541the Pike house No. 5, Chestnut street; land purchased of Samuel Hale on Christian Shore; two aqueduct shares and some personal…
2Cases cited4 opinions
- Doty v. WilsonNew York Supreme Court · 1817
- Bryant v. AllenSuperior Court of New Hampshire · 1833
- Jackson ex dem. Newkirk v. EmblerNew York Supreme Court · 1817
- Bartlett v. TrefethenSuperior Court of New Hampshire · 1843
3Cited by2 opinions
- In re Estate of KellySupreme Court of New Hampshire · 1988
- Gibson v. LaClairSupreme Court of New Hampshire · 1991