Perry v. Hardy
Supreme Court of New Hampshire
Trespass quare clausum. Trial by jury and verdict for the defendant. Transferred from the superior court by Peaslee, J. The issue was whether the line claimed to by the plaintiff had been agreed upon by himself and the defendant’s ancestor in title. Upon this point the plaintiff and two other persons, who were present when the line was run, testified that there was such an agreement.
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Trespass quare clausum. Trial by jury and verdict for the defendant. Transferred from the superior court by Peaslee, J. The issue was whether the line claimed to by the plaintiff had been agreed upon by himself and the defendant’s ancestor in title. Upon this point the plaintiff and two other persons, who were present when the line was run, testified that there was such an agreement. The defendant’s grantor, Dow, testified that he had the line run, agreed upon a division of the fence, and paid damages for cutting over the line in order to avoid a lawsuit, to settle with the plaintiff, and to…
1Opinion of the CourtChase, J.
In the brief filed in behalf of the plaintiff counsel say: “ From the line of argument before the jury, it is anticipated that the defendant may claim the agreement [as to the line] was void on account of fraud on the part of the plaintiff.” They proceed to cite authorities bearing on the question of fraud, and to argue the point; the defendant’s counsel do the same. It is inferred from these facts that the issue of fraud was submitted to the jury. If, as the plaintiff alleges, the evidence as to an agreement was wholly hi his favor, still the motion to direct a verdict for him should not be…
2Cases cited5 opinions
- State Ex Rel. Borthwick v. HarringtonSupreme Court of New Hampshire · 1898
- Springfield v. DrakeSupreme Court of New Hampshire · 1876
- Stewart v. StearnsSupreme Court of New Hampshire · 1884
- Paphro D. Pike Co. v. BatySupreme Court of New Hampshire · 1898
- Farmington National Bank v. BuzzellSupreme Court of New Hampshire · 1882
3Cited by1 opinion
- Leclerc v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1944