Nash v. Benari
Supreme Judicial Court of Maine
Action of assumpsit to recover for services rendered by plaintiff to defendant’s intestate. Defendant filed plea of general issue and, by way of brief statement, as a special matter of defense, pleaded a certain foreign judgment. Verdict for plaintiff in the sum of $1195.91. Defendant filed exceptions to the ruling of presiding Justice, excluding the foreign judgment which defendant had specially pleaded and offered in evidence in bar of plaintiff’s suit.
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Action of assumpsit to recover for services rendered by plaintiff to defendant’s intestate. Defendant filed plea of general issue and, by way of brief statement, as a special matter of defense, pleaded a certain foreign judgment. Verdict for plaintiff in the sum of $1195.91. Defendant filed exceptions to the ruling of presiding Justice, excluding the foreign judgment which defendant had specially pleaded and offered in evidence in bar of plaintiff’s suit. Judgment in accordance with opinion. Case stated in opinion.
1Opinion of the CourtDunn, J.
At the time of her death, intestate, the domicile of Sarah Wood Lemon was in Massachusetts, She there left property for administration, and she also left property to be administered in the State of Maine. Administrations were granted in the different States, first in Massachusetts and later in Maine, to one Bennett Benari. He accepted the distinct trusts. Alleging that she had rendered personal services for the intestate in her lifetime, for which payment was not made, the plaintiff in the present case previously sued Mr. Benari, in his representative capacity, in Massachusetts. In that suit,…
2Cases cited7 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
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- Aspden v. NixonSupreme Court of the United States · 1846
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- Estate of HanreddyWisconsin Supreme Court · 1922
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