Small v. Nelson

This is an action of general assumpsit brought by Winfield G. Small as administrator of the estate of John Small, late of China, Maine, deceased, to recover moneys belonging to the intestate which, in his lifetime, came into the possession of Clara Nelson and were appropriated to her own use. The declaration is, in form, a count in indebitatus assumpsit with specifications alleging that the moneys were fraudulently obtained by undue influence. The plea is the general issue with specifications that all of the moneys which came into the defendant’s possession, and were retained by *179her, were…