Cotton v. Stevens
Supreme Court of New Hampshire
Bill in Equity, to rescind a contract of sale and for an accounting. Mary L. Cotton is the sister of the defendant and the widow of John E. Cotton, who died June 18, 1912, and who had been a partner of the defendant in the manufacture and sale of refrigerators in Nashua. The other plaintiff, Lillian R. Fletcher, is the adopted daughter of Mary and the residuary legatee under Mr. Cotton’s will.
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Bill in Equity, to rescind a contract of sale and for an accounting. Mary L. Cotton is the sister of the defendant and the widow of John E. Cotton, who died June 18, 1912, and who had been a partner of the defendant in the manufacture and sale of refrigerators in Nashua. The other plaintiff, Lillian R. Fletcher, is the adopted daughter of Mary and the residuary legatee under Mr. Cotton’s will. After Mr. Cotton’s death the business was conducted by the defendant as surviving partner until March, 1913, when he purchased the interest of his late partner from Mrs. Cotton, who was the executrix of…
1Opinion of the CourtWalker, J.
The court’s order dismissing the bill was in part based upon the finding that the executrix was not deceived in making the compromise agreement by the representations of the defendant, that the firm business had not been prosperous since the death of Mr. Cotton. The fact that Mrs. Cotton did not have entire confidence in the defendant and believed he would not treat her fairly in settling the firm affairs, and the fact that she employed counsel to assist her in that respect, were deemed to be important evidence in support of the conclusion that she was not in fact deceived by the alleged…
2Cases cited6 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Heath v. WatersMichigan Supreme Court · 1879
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Brown v. CowellMassachusetts Supreme Judicial Court · 1875
- In re Hodges' EstateSupreme Court of Vermont · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- O'Brien v. O'BrienCourt of Appeals of Kentucky (pre-1976) · 1942
- Normand v. NormandSupreme Court of New Hampshire · 1940