Yeaton v. Skillings

The defendant Skillings argues that in ruling his signatures on all the notes were admitted to be genuine, the Court erroneously applied Superior Court Rule No. 42 (99 N. H. 614) which reads as follows: “The signatures and indorsements of all written instruments declared on will be considered as admitted unless the defendant shall file a notice within three days after the return day at which the writ is entered that they are disputed.” The defendant claims this rule must be construed with Rule No. 41, which provides: “Any party proposing to use any written evidence upon the trial may file it…