Curtice v. Dixon
Supreme Court of New Hampshire
Bill in Equity, to set aside a contract made by Isaac D. Merrill with the defendant, his niece, and to compel the restitution of property transferred thereunder by him to her, upon the ground of his insanity and of her undue influence over him.
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Bill in Equity, to set aside a contract made by Isaac D. Merrill with the defendant, his niece, and to compel the restitution of property transferred thereunder by him to her, upon the ground of his insanity and of her undue influence over him. A jury found, in answer to special questions submitted, that at the date of the contract Merrill was not of sound mind, and that the contract and the conveyance of property to the defendant were procured by fraud and undue influence on her part. There was a decree for the plaintiff. Transferred from the October term, 1906, of the superior court by…
1Opinion of the CourtWalker, J.
The plaintiff claimed at the trial that Merrill was mentally incompetent to do business at the time of the transaction in question and that he was unduly influenced by the defendant. The plaintiff also contended that the sum of $20,000 which Merrill gave to the defendant under the supposed contract was so exorbitant, in view of the size of his estate and the claims of his other relatives, that it afforded evidence that he was of unsound mind or was subject to the control of the defendant. That it might constitute evidence of that character, when’ considered in connection with other evidence…
2Cited by8 opinions
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- Gerry v. NeugebauerSupreme Court of New Hampshire · 1927
- Hilco Property Services, Inc. v. United StatesDistrict Court, D. New Hampshire · 1996
- Bruton v. Leavitt Stores Corp'nSupreme Court of New Hampshire · 1935
- Kelland v. Jos. Noone's Sons Co.Supreme Court of New Hampshire · 1909
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