Goodwin v. Goodwin
Supreme Court of New Hampshire
Assumpsit, to recover of tlie defendant, wlio is executrix of the will of Elisha Goodwin, Jr., deceased, the sum of $100, and interest from March 19, 1878, being the amount of an annuity bequeathed to the plaintiff by the defendant’s testate; also the sum of $15.75 and interest from March 19, 1878, being the amount of an annuity bequeathed by the defendant’s testate to Betsey Goodwin, wife of the plaintiff, for the proportionate part of one year before her decease.
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Assumpsit, to recover of tlie defendant, wlio is executrix of the will of Elisha Goodwin, Jr., deceased, the sum of $100, and interest from March 19, 1878, being the amount of an annuity bequeathed to the plaintiff by the defendant’s testate; also the sum of $15.75 and interest from March 19, 1878, being the amount of an annuity bequeathed by the defendant’s testate to Betsey Goodwin, wife of the plaintiff, for the proportionate part of one year before her decease. Plea, (1) that the defendant, April 14, 1877, paid the plaintiff $100, and $45.75, and interest from March 19, 1878, in…
1Opinion of the CourtFoster, J.
These two principles of law are elementary: a written receipt may be explained, varied, or contradicted by oral evidence ; a written contract may not. A receipt may be either a mere acknowledgment of payment or delivery, or it may also contain a contract to do or refrain from doing something in relation to the money paid or the thing delivered. In the former case, it is merely prima facie evidence of the fact, and not conclusive, and therefore the fact which it recites may be contradicted by parol testimony. But in the latter case, being a contract between the parties, it stands on the…
2Cases cited6 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Kellogg v. RichardsNew York Supreme Court · 1835
- Coon v. . KnapNew York Court of Appeals · 1854
- Henry v. HenryIndiana Supreme Court · 1858
- Egleston v. KnickerbackerNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lapierre v. CabralSupreme Court of New Hampshire · 1982
- Bunker v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1929
- Steinfield v. Monadnock MillsSupreme Court of New Hampshire · 1923
- Jersey Island Dredging Co. v. WhitneyCalifornia Supreme Court · 1906