Howe v. Gray
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action of assumpsit by Elliott W. Howe against Abbie M. Gray, administratrix of the estate of George C. Gray, on two promissory notes of $1,000 each. The defendant filed a demurrer to the declaration alleging that the claim in writing which it is alleged in the declaration was presented to the defendant in her capacity as administratrix, was not supported by the affidavit of the claimant or some other person cognizant thereof.
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On exceptions by defendant. This is an action of assumpsit by Elliott W. Howe against Abbie M. Gray, administratrix of the estate of George C. Gray, on two promissory notes of $1,000 each. The defendant filed a demurrer to the declaration alleging that the claim in writing which it is alleged in the declaration was presented to the defendant in her capacity as administratrix, was not supported by the affidavit of the claimant or some other person cognizant thereof. The demurrer was joined and overruled by the presiding Justice, and the defendant excepted. Case stated in the opinion.
1Opinion of the CourtSpear, J.
This case comes up on demurrer. The declaration is founded upon two promissory notes against the administratrix of an estate. As to each note the plaintiff alleges as follows: "That on the first day of May, 1919, being within eighteen months after the qualification of the said Abbie M. Gray in her capacity as administratrix of the estate of the said George C. Gray and at least thirty days before the commencement of this suit, the claim herein declared on was presented in writing to the said administratrix and payment thereof demanded, yet the said defendant has never paid the same etc.”
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2Cited by2 opinions
- Middleton's CaseSupreme Judicial Court of Maine · 1939
- Eddy v. StarbirdSupreme Judicial Court of Maine · 1937