Legal Opinion

Bell v. Jones

Superior Court of New Hampshire

Decided July 15, 1845Published

Foreihn Attachment. Timothy Perkins, one of the trustees, disclosed, in answer to interrogatories, that in March, 1843, he made a bargain with the defendant, Jones, to purchase Ms farm in Woodstock, and took a deed of the same, and gave in return a note for §200, payable April 1, 1844, and one for §100, payable April 1, 1845, with the further agreement, that if bis (Perkins’) son, for whom the purchase was made, did not see fit to remove to Woodstock and take the farm, the…

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Foreihn Attachment. Timothy Perkins, one of the trustees, disclosed, in answer to interrogatories, that in March, 1843, he made a bargain with the defendant, Jones, to purchase Ms farm in Woodstock, and took a deed of the same, and gave in return a note for §200, payable April 1, 1844, and one for §100, payable April 1, 1845, with the further agreement, that if bis (Perkins’) son, for whom the purchase was made, did not see fit to remove to Woodstock and take the farm, the deed should be returned to the defendant and the notes returned to the trustee ; that the son refused to take the farm ;…

1Opinion of the CourtParker, C. J.

We are of opinion that it was competent for the court to admit the affidavit to be annexed to the disclosure of the trustee in this case, and this notwithstanding the disclosure had been closed and the case submitted. The practice of allowing trustees to annex documents which are material to the case, to their disclosures, and thus making them part of the case, is not confined to such instruments as may serve to sustain the claim of a third person to property in the hands of the trustee, nor to a debt due from him for which he might otherwise be charged. Written instruments, and even the…

2Cases cited2 opinions

  1. Groves v. BrownMassachusetts Supreme Judicial Court · 1814
  2. Wallace v. BlanchardSuperior Court of New Hampshire · 1826

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