Stabrow v. Stabrow

The defendant’s motion for a nonsuit (correctly a motion to dismiss, and so treated) was properly denied and his exception thereto must be overruled. In passing upon this motion, the Court was obliged to consider the evidence for the plaintiff as true and to construe it most favorably to the plaintiff. Shimkus v. Caesar, 95 N. H. 286, 287.

The plaintiff testified that, shortly after the burial of his mother, the defendant came and rapped on the door of plaintiff’s home one morning, woke him up, and came upstairs to his bedroom. The defendant was excited over money he had found, stating that…