Ross v. Knox
Supreme Court of New Hampshire
Assumpsit, for board of the defendant’s decedent, Edward Knox, and for boarding his horse. Trial at the October term, 1901, of the superior court before Pike, J., who found a verdict for the plaintiff and reported that the plaintiff’s evidence fended to prove the following facts: In May, 1900, the plaintiff’s attorney exhibited and presented to the executor, who was appointed in April, 1900, an itemized account of the plaintiff’s claim, intending the executor to understand…
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Assumpsit, for board of the defendant’s decedent, Edward Knox, and for boarding his horse. Trial at the October term, 1901, of the superior court before Pike, J., who found a verdict for the plaintiff and reported that the plaintiff’s evidence fended to prove the following facts: In May, 1900, the plaintiff’s attorney exhibited and presented to the executor, who was appointed in April, 1900, an itemized account of the plaintiff’s claim, intending the executor to understand that payment was thereby requested. The executor so understood. No further formal demand of payment was made. There was…
1Opinion of the CourtParsons, J.
1. Upon the evidence the finding of a legal demand upon the executor presents no error of law. The understanding of the parties that by what was done a demand was made constituted a legal demand. No particular language was necessary. The only advantage to be obtained by the use of precise terms is their availability in proof of the mutual understanding of which the case states there was evidence. Norris v. Morrill, 40 N. H. 395, 400, 401; Ossipee Mfg. Co. v. Canney, 54 N. H. 295, 314. A demand by one as agent is sufficient if the agent’s-authority is not questioned at the time. Leach v.…
2Cases cited2 opinions
- Judge of Probate v. RunnellsSupreme Court of New Hampshire · 1890
- Strafford Savings Bank v. ChurchSupreme Court of New Hampshire · 1899
3Cited by4 opinions
- McConnell v. LamontagneSupreme Court of New Hampshire · 1926
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911
- Dewey v. NoyesSupreme Court of New Hampshire · 1912
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887