Wendell v. Safford
Superior Court of New Hampshire
Assumpsit against the defendant, as executrix of the will of Thomas Safford, upon an account annexed to the writ. 'The action was referred to an auditor, whose report disclosed the following facts, the only question before him being, whether the demand, to recover which the action was brought, was exhibited to the executrix within two years from the date of her appointment.
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Assumpsit against the defendant, as executrix of the will of Thomas Safford, upon an account annexed to the writ. 'The action was referred to an auditor, whose report disclosed the following facts, the only question before him being, whether the demand, to recover which the action was brought, was exhibited to the executrix within two years from the date of her appointment. The testator died in the month of August, 1834 ■ and it appeared from the testimony of the plaintiff that he never presented the account to the executrix, but presented it to the testator before his death; and that on the…
1Opinion of the CourtGilchrist, J.
It is unnecessary to determine whether the instructions of the court in this case were correct. The plaintiff does not except to them, for they were favorable to his views of the law ; and as the verdict is for the defendant, there is no occasion for him to take any exception.
Nor is it necessary to settle whether an exhibition of a demand should be such as to give the executor or administrator notice of the amount of the claim, and of the character of the charges contained therein ; because the evidence relates solely to the question whether the plaintiff has exhibited any claim, of any…
2Cases cited8 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Lewis v. PaynNew York Supreme Court · 1830
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809
- State v. RollinsSuperior Court of New Hampshire · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Panas v. HarakisSupreme Court of New Hampshire · 1987
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Faust v. General Motors Corp.Supreme Court of New Hampshire · 1977
- Rogers v. Pub. Serv. Co. of NHSupreme Court of New Hampshire · 1981
5 more not listed; retrieve them via the Exa API.