Patten v. Patten
Supreme Court of New Hampshire
Bill in Equity, for an accounting. The plaintiff as executor of Mary L. Patten sought to charge the defendant upon sundry notes signed by him and payable to the deceased.
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Bill in Equity, for an accounting. The plaintiff as executor of Mary L. Patten sought to charge the defendant upon sundry notes signed by him and payable to the deceased. Upon trial the court, Marble, J., found for the defendant and, at the November term, 1920, of the superior court, allowed the plaintiff’s bill of exceptions to the admission of a verbal statement of the deceased tending to sustain the defendant’s contention and to the court’s refusal to entertain a motion, to set aside the findings because unsustained by any evidence made more than thirty days after the findings were…
1Per curiam
Statements made by the deceased tending to controvert the claim made for her at the trial were admissible precisely as they would be admissible against her if alive and a party. WigEv., Yol. II, s. 1081 (1).
The contention that the evidence was insufficient to authorize an adverse firiding is waived by submission of the case without objection to the tribunal trying the fact. Barker v. Company, 78 N. H. 571 Smith & Sargent v. Company, 78 N. H. 152, 159. The court properly ruled that no question of law was raised by the motions. As the denial of the motions was not erroneous, whenever after…
2Cases cited2 opinions
- Barker v. Publishers' Paper Co.Supreme Court of New Hampshire · 1918
- Smith v. American Car Sprinkler Co.Supreme Court of New Hampshire · 1916
3Cited by2 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Bacon v. ThompsonSupreme Court of New Hampshire · 1935