Peavey v. Tilton
Superior Court of New Hampshire
Assumpsit, for money had and received. Upon tho trial the plaintiff offered the deposition of Ira U. Brown, the son and heir of the intestate, taken the 25th day of August, 1845, to the admission of which the defendant objected, on the ground that the deponent was interested in the event of the suit. The plaintiff then offered a release and quitclaim of all the right of the witness in the estate to his mother, containing an order on the plaintiff for payment.
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Assumpsit, for money had and received. Upon tho trial the plaintiff offered the deposition of Ira U. Brown, the son and heir of the intestate, taken the 25th day of August, 1845, to the admission of which the defendant objected, on the ground that the deponent was interested in the event of the suit. The plaintiff then offered a release and quitclaim of all the right of the witness in the estate to his mother, containing an order on the plaintiff for payment. It had been delivered to the administrator, but appeared not to have been known to the mother. Upon this evidence the court admitted…
1Opinion of the CourtGilchrist, J.
The doctrine of Thompson v. Leach, 2 Vent. 198, is, that the assent of a party, to whom a conveyance is made, is to be implied, because there is a strong intendment of law that it is for a person's benefit to take, and no man can be supposed to be unwilling to do that which is for his own advantage. That while “ a man cannot have an estate put into him in spite of his teeth,” his assent to a grant, devise, or other conveyance, made for his benefit, is a matter of legal presumption, until the contrary appear. That doctrine is founded upon good sense, and has, since that case, been recognized…
2Cases cited3 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Hurst v. McNeilU.S. Circuit Court for the District of Pennsylvania · 1804
- Buffum v. GreenSuperior Court of New Hampshire · 1829