Staples v. Berry
Supreme Judicial Court of Maine
Agreed statement. Exceptions by the defendant. This is an action of assumpsit for money had and received brought by the plaintiff as administrator of the estate of Fred E. Savage, against John H. Berry, executor of the last will and testament of his wife, Nellie A. Berry, who was the former wife of Fred E. Savage, to recover the amount of a Savings Bank deposit. Plea, general issue. The case was heard by a single justice without a jury, upon an agreed statement of facts.
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Agreed statement. Exceptions by the defendant. This is an action of assumpsit for money had and received brought by the plaintiff as administrator of the estate of Fred E. Savage, against John H. Berry, executor of the last will and testament of his wife, Nellie A. Berry, who was the former wife of Fred E. Savage, to recover the amount of a Savings Bank deposit. Plea, general issue. The case was heard by a single justice without a jury, upon an agreed statement of facts. The Justice found for the plaintiff in the sum of $2400.46, with interest from date of writ, and the defendant excepted to…
1Opinion of the CourtCornish, J.
The following essential facts appear in the agreed statement upon which the finding of the Justice at nisi prius was based.
Fred E. Savage and Nellie A. Savage were married in March, 1873, and lived together until the death of the husband, on January 26, 1904. Two children were born to them, a son, Fred, born in [877 and still living, and a daughter born in 1874, who married one Lewis and died in 1906, leaving a daughter Marguerite.
December 7, 1910, the widow married the defendant, John H. Berry, executed her will on December 9, 1910, and died testate January 22, 1911, leaving him practically…
2Cases cited6 opinions
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Whalen v. MilhollandCourt of Appeals of Maryland · 1899
- Case v. OwenIndiana Supreme Court · 1894
- Dougherty v. MooreCourt of Appeals of Maryland · 1889
- Nutt v. MorseMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Strout v. BurgessSupreme Judicial Court of Maine · 1949
- Rice v. Bennington County Savings BankSupreme Court of Vermont · 1920
- Wambeke v. HopkinWyoming Supreme Court · 1962
- Stuehm v. MikulskiNebraska Supreme Court · 1941
- GarlandSupreme Judicial Court of Maine · 1927
15 more not listed; retrieve them via the Exa API.