Page v. Hazelton
Supreme Court of New Hampshire
Appeal, from the acceptance by the probate court of the commissioner’s report allowing the plaintiff’s claim against the estate of Charles G. Smith, the defendant’s testator. Trial by jury and verdict for the defendant. Transferred from the September term, 1906, of the superior court by Chamberlin, J. The specification contained items of cash which the plaintiff claimed were for money loaned.
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Appeal, from the acceptance by the probate court of the commissioner’s report allowing the plaintiff’s claim against the estate of Charles G. Smith, the defendant’s testator. Trial by jury and verdict for the defendant. Transferred from the September term, 1906, of the superior court by Chamberlin, J. The specification contained items of cash which the plaintiff claimed were for money loaned. The testator’s books of account were produced by the executor at the plaintiff’s request and were put in evidence by the plaintiff. Some of the items of the specification appeared on the testators cash…
1Opinion of the CourtPaesons, C. J.
The entries on the testator’s cash book were not admissible as items of book charge in favor of his executor, because they were money items each of which exceeded $6.67. Remick v. Rumery, 69 N. H. 601; Bailey v. Harvey, 60 N. H. 152; Rich v. Eldridge, 42 N. H. 153, 158; Bassett v. Spofford, 11 N. H. 167. If the defendant could have made all the contents of the books evidence by attaching such a condition to the plaintiff’s examination of them (Wentworth v. McDuffie, 48 N. H. 402; Huckins v. Insurance Co., 81 N. H. 238), no such condition was-imposed. The items offered, therefore, were not…
2Cases cited4 opinions
- Stone v. TupperSupreme Court of Vermont · 1886
- Strong v. SlicerSupreme Court of Vermont · 1861
- Low v. . PayneNew York Court of Appeals · 1850
- Dewey v. . HotchkissNew York Court of Appeals · 1864
3Cited by4 opinions
- Bacon v. WassSupreme Court of Oklahoma · 1948
- Dougherty v. WhiteSupreme Court of Delaware · 1911
- Finkelstein v. Keene Electric Railway Co.Supreme Court of New Hampshire · 1909
- Menard v. CashmanSupreme Court of New Hampshire · 1945