Loomis v. Farnum
Superior Court of New Hampshire
Appeal from the determination of commissioners, disallowing the appellant’s claim against the estate of Luther Warren, deceased, insolvent. The-claim was founded upon certain notes signed by said Warren and justly due to the appellant. Administration was taken in Connecticut, and ancillary administration in this State. The appellant is a citizen of Vermont.
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Appeal from the determination of commissioners, disallowing the appellant’s claim against the estate of Luther Warren, deceased, insolvent. The-claim was founded upon certain notes signed by said Warren and justly due to the appellant. Administration was taken in Connecticut, and ancillary administration in this State. The appellant is a citizen of Vermont. Prior to the determination of the commissioners appealed from, he had presented his claim to commissioners of insolvency in Connecticut, and it was allowed him. He has since received a dividend of fifty per cent,, which was declared in…
1Opinion of the CourtParker, C. J.
We are of opinion that the appellant in this case is entitled to have his claim allowed. This opinion is founded on the principles which were considered and fully stated in the case of Goodall vs. Marshall, 11 N. H. Rep. 88. On those principles it can make no difference that he has since received a dividend on his claim in Connecticut. His demand has not been paid or satisfied by the receipt of that dividend. At the time when the appellant presented his claim, and the commissioners refused to allow it, he had received nothing. He had only done what, in the case already cited, we held a…
2Cases cited1 opinion
- Goodall v. MarshallSuperior Court of New Hampshire · 1840