Eldred v. Eames

Martin, J.:

This is an appeal from an order denying a motion for a new trial and confirming tbe report of a referee, and from tbe judgment entered herein. Tbe reference was of a claim against tbe estate of a deceased person. Tbe claim was for a balance alleged to be due tbe plaintiff for money lent, paid out and advanced to and for tbe defendant’s testator, and interest tbereon.

On tbe trial tbe plaintiff was permitted to withdraw one item of bis claim in wbicli be charged tbe testator’s estate with $37,998.98, and credited it with $4,506.96. To this tbe defendant objected and excepted to the…