GRAY v. FIFIELD

Absence from the state will not prevent the statute of limitations from running, when the defendant was in a position to receive notice from a summons left at his domicile in this state.

SMITH, J.

The referee was warranted in finding that the defendant was in a position to receive notice of a suit from a summons left at his home in Franklin. Not only his legal domicile, but his place of abode, within the meaning of the statute, was in this state. Gilman v. Cutts, 23 N.H. 376, 385 — S.C., 27 N.H. 348, 358; Ward v. Cole, 32 N.H. 452; Brown v. Rollins, 44 N.H. 446.

Judgment for the defendant.

BINGHAM, J., did not sit: the others concurred.