Stewart v. Smith
Supreme Judicial Court of Maine
Exceptions by defendant. Action of assumpsit on two promissory notes with a count on account annexed. Defendant was sued as executor of the last will and testament of Nancy A. Smith, deceased.
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Exceptions by defendant. Action of assumpsit on two promissory notes with a count on account annexed. Defendant was sued as executor of the last will and testament of Nancy A. Smith, deceased. The plea was the general issue with the following brief statement:— “And by way of brief statement under the general issue the said defendant says, that he is not nor ever has been executor of the last will and testament of said Nancy A. Smith, nor ever administered any of the goods and chattels, estate, rights or credits which were of the said Nancy A. Smith, deceased, at the time of her death as…
1Opinion of the CourtWhitehouse, J.
This was an action of assumpsit on two promissory notes signed by Nancy A. Smith and Laura A. Davis, and on an account annexed running against the same parties. The suit is against the defendant as “executor of the last will and testament of Nancy A. Smith, deceased.” It was entered at the September term of the court for Somerset County in 1901, and the defendant entered a general appearance at that term, but filed no pleadings. The action was continued from term to term until the September term, 1902, when by agreement of parties it was submitted to the presiding judge for hearing and…
2Cases cited1 opinion
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Jasper v. BattArizona Supreme Court · 1953
- Fort Fairfield Nash Co. v. NoltemierSupreme Judicial Court of Maine · 1937