McDermott v. Hayes
Supreme Court of New Hampshire
Debt, for the plaintiffs distributive share of an estate. Subject to exception, the defendant proved that before the decree of distribution was made he paid the plaintiff more than her decreed share, and took her receipt in full. The payment was not charged in his account on which the decree was made, and was not recited in the decree. Verdict for the defendant.
1Opinion of the CourtDoe, C. J.
The defendant may apply to the probate court forthwith for a modification of the decree on due notice. Warner Bank v. Clement, 58 N. H. 533; Ayer v. Messer, 59 N. H. 279, 280. When the decree shows payment of the plaintiff’s share, judgment' will be rendered on tbe verdict. Roulo v. Valcour, 58 N. H. 347; Morrill v. Hovey, 59 N. H. 107; Boudreau v. Eastman, 59 N. H. 467.
Qase discharged.
Allen, J., did not sit: the others concurred.
2Cases cited5 opinions
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- Roulo v. ValcourSupreme Court of New Hampshire · 1878
- Warner Bank v. Clement & Co.Supreme Court of New Hampshire · 1879
- Ayer v. MesserSupreme Court of New Hampshire · 1879
- Morrill v. HoveySupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Arsenault v. ScanlonSupreme Court of New Hampshire · 1995
- Raymond v. GoodrichSupreme Court of New Hampshire · 1921