YEATON v. SKILLINGS

No. 4499.

100 N.H. 316 (1956)

VINTON R. YEATON, Ex'r v. HAROLD W. SKILLINGS. HAROLD W. SKILLINGS v. VINTON R. YEATON, Ex'r.

Supreme Court of New Hampshire.

Decided October 2, 1956.


Attorney(s) appearing for the Case

Wyman, Starr, Booth, Wadleigh & Langdell and Philip G. Peters (Mr. Peters orally), for Vinton R. Yeaton, executor.

Russell H. McGuirk and Robert B. Donovan (Mr. Donovan orally), for Harold W. Skillings.


BLANDIN, J.

The defendant Skillings argues that in ruling his signatures on all the notes were admitted to be genuine, the Court erroneously applied Superior Court Rule No. 42 (99 N.H. 614) which reads as follows: "The signatures and indorsements of all written instruments declared on will be considered as admitted unless the defendant shall file a notice within three days after the return day at which the writ is entered...

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