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80 N.H. 590

115 A 558

Patten v. Patten

Supreme Court of New Hampshire

Decided November 1, 1921

Supreme Court of New Hampshire · decided 1921-11-01

Bill in Equity, for an accounting. The plaintiff as executor of Mary L. Patten sought to charge the defendant upon sundry notes signed by him and payable to the deceased.

Relies on Barker v. Publishers' Paper Co. · Smith v. American Car Sprinkler Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1921-11-01

How this case has been cited

Cited by 6 later decisions — most recently April 1951

5 state decisions

301921193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 Statements made by the deceased tending to controvert the claim made for her at the trial were admissible precisely as they would be admissible against her if alive and a party. WigEv., Yol. II, s. 1081 (1).

¶2 The contention that the evidence was insufficient to authorize an adverse firiding is waived by submission of the case without objection to the tribunal trying the fact. Barker v. Company, 78 N. H. 571 Smith & Sargent v. Company, 78 N. H. 152, 159. The court properly ruled that no question of law was raised by the motions. As the denial of the motions was not erroneous, whenever after verdict they were made, the fact that they came too late under the rule of court. (78 N. H. 697, Rule 53) need not be relied upon. Granting the plaintiff until February 1, 1921, to file exceptions could not have been intended or understood by the plaintiff to authorize the allowance of exceptions already waived or which presented no question of law. .

¶3 Exceptions overruled.

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