Jordan v. Wallace
Supreme Court of New Hampshire
Assumpsit, for damages for breach of contract to cut and yard timber. The defence was that the contract was procured by false representations of the plaintiff, calculated and intended and having the effect to deceive the defendant, and render his examination of the situation and quantity of the timber less complete, and therefore the defendant rightfully rescinded it. Verdict for the defendant.
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Assumpsit, for damages for breach of contract to cut and yard timber. The defence was that the contract was procured by false representations of the plaintiff, calculated and intended and having the effect to deceive the defendant, and render his examination of the situation and quantity of the timber less complete, and therefore the defendant rightfully rescinded it. Verdict for the defendant. The defendant’s counsel, in his argument to the jury, said of the plaintiff, — “I don’t believe that he ever lived an honest hour in his life, when he was not either plotting and planning to beat…
1Opinion of the CourtBlodgett, J.
It is not open to reasonable doubt that the denunciatory comments of the defendant’s counsel upon the cliarac-ter of the plaintiff were made for the single purpose of prejudicing the plaintiff’s case before the jury, and that they were calculated improperly to influence the verdict. Such comments, based upon other than the facts in the case and the conclusions legitimately deducible from the law applicable to them, are no part of the privilege of counsel, and, indeed, are not now claimed to be, even by the offending counsel himself, who, in his brief, fitly characterizes his remarks as “…
2Cases cited2 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Mason v. KnoxSupreme Court of New Hampshire · 1891
3Cited by6 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Snider v. Washington Water Power Co.Washington Supreme Court · 1912
- Greenfield v. KennettSupreme Court of New Hampshire · 1898
- Watson v. Southern Oregon Co.Oregon Supreme Court · 1901
- Heald v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
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