McConnell v. McConnell
Supreme Court of New Hampshire
Writ oe Entry, for the foreclosure of a mortgage. Trial by the court. Transferred from the October term, 1908, of the superior court by Chamberlin, J. The issue tried related to the validity of the defendants’ set-off, in which the plaintiff was charged for the board of herself and children for a period of two years and two months. The plaintiff’s husband is the defendants’ son.
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Writ oe Entry, for the foreclosure of a mortgage. Trial by the court. Transferred from the October term, 1908, of the superior court by Chamberlin, J. The issue tried related to the validity of the defendants’ set-off, in which the plaintiff was charged for the board of herself and children for a period of two years and two months. The plaintiff’s husband is the defendants’ son. In March, 1902, she went with her child to the defendants’ home and remained there until June, 1904. She became twenty-one years of age on April, 29, 1904, when the note and mortgage in suit were turned over to her by…
1Opinion of the CourtWalker, J.
It is argued that the court erred in allowing, by way of set-off, the defendants’ account for the board of the plaintiff and her children while she was a minor, because during that time she was under guardianship. This contention is based upon a strict and literal construction of section 25, chapter 177, Public Statutes, which provides that “ no contract of any nature whatever, made by a person under guardianship, after the appointment and during the continuance of the guardianship, shall be valid in law.” But as the court remark in McCrillis v. Bartlett, 8 N. H. 569, 571, “this provision of…
2Cases cited8 opinions
- Busher v. New York Life InsuranceSupreme Court of New Hampshire · 1904
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Ott v. HentallSupreme Court of New Hampshire · 1899
- Concord Coal Co. v. FerrinSupreme Court of New Hampshire · 1901
- Page v. PageSupreme Court of New Hampshire · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hartley v. BohrerIdaho Supreme Court · 1932
- McGinley v. Maine Central RailroadSupreme Court of New Hampshire · 1919
- Blake v. LordSupreme Court of New Hampshire · 1939
- Alfred v. SnyderWest Virginia Supreme Court · 1922
- J. E. Lothrop Piano Co. v. HaddockSupreme Court of New Hampshire · 1923