Jacques v. Manchester Coal & Ice Co.
Supreme Court of New Hampshire
Bill in Equity. After the decision in this case, ante, 33, an order was made that the execution should be paid by Loveren out of the funds in his hands as agent of the New England Investment Company. The ice company was insured against the plaintiff’s claim, and, owing to the insurer’s insistence that an exception to the above order should be taken by the assured and the case carried to the supreme court, the ice company took the exception.
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Bill in Equity. After the decision in this case, ante, 33, an order was made that the execution should be paid by Loveren out of the funds in his hands as agent of the New England Investment Company. The ice company was insured against the plaintiff’s claim, and, owing to the insurer’s insistence that an exception to the above order should be taken by the assured and the case carried to the supreme court, the ice company took the exception. The superior court found that the situation which necessitated the bringing of the plaintiff’s bill in equity to collect his judgment against the ice…
1Opinion of the CourtYoung, J.
The question raised by the defendant’s exception is as to the court’s jurisdiction in respect to the allowance of costs, — not as to its jurisdiction in respect to assessing damages that are a proximate result of the defendant’s misconduct. In other words, not as to the court’s jurisdiction to assess the damages a person sustains because he is compelled to prosecute or defend a suit by reason of the defendant’s failure to perform a duty created by contract with him or imposed on them by law for his benefit. Fowler v. Owen, 68 N. H. 270; Fairfield v. Day, 71 N. H. 63; Hubbard v. Gould, 74 N.…
2Cases cited6 opinions
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Fairfield v. DaySupreme Court of New Hampshire · 1901
- Fowler v. OwenSupreme Court of New Hampshire · 1895
- Manchester v. HodgeSupreme Court of New Hampshire · 1910
- Moses v. CraigSupreme Court of New Hampshire · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Keenan v. FearonSupreme Court of New Hampshire · 1988
- Tau Chapter of Alpha Xi Delta Fraternity v. Town of DurhamSupreme Court of New Hampshire · 1972