Tappan v. Tappan
Superior Court of New Hampshire
Assumpsit. The writ urns dated January 16, 1851, and contained three counts. The first was for $2000 for interest due and owing from the defendant to the plaintiff, on the 16th day of January, 1851. The second was upon a promissory note, dated June 1, 1849, for $200, payable to the plaintiff or order, on demand, with interest.
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Assumpsit. The writ urns dated January 16, 1851, and contained three counts. The first was for $2000 for interest due and owing from the defendant to the plaintiff, on the 16th day of January, 1851. The second was upon a promissory note, dated June 1, 1849, for $200, payable to the plaintiff or order, on demand, with interest. And the third was for $5000 alleged to be due to the plaintiff, January 1, 1851, for so much money before that time had and received by the defendant to the plaintiff’s use, and for so much paid, laid out and expended by the plaintiff for the defendant, at his request,…
1Opinion of the CourtEastman, J.
Much of the discussion, in this case, has been upon the question whether the plaintiff was residuary legatee of John Tappan, and most of the claims in controversy depend upon the decision of that question. But that point we regard as having been settled when these parties were before this court at a former time. It was decided in Tappan v. Tappan, 4 Foster’s Rep. 400, that the plaintiff, in this action, was not made residuary legatee by the will of his father. Probably the fact stated in the auditor’s report, that the plaintiff is the only lineal heir of John Tappan, induced the probate court…
2Cases cited3 opinions
- Payne v. SmithSuperior Court of New Hampshire · 1841
- Tarbell v. WhitingSuperior Court of New Hampshire · 1829
- Batchelder v. RussellSuperior Court of New Hampshire · 1838
3Cited by3 opinions
- Merrill v. WoodburySupreme Court of New Hampshire · 1881
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016