Smith v. Bank of New England
Supreme Court of New Hampshire
Bill in Equity, brought by the holders of secured certificates of deposit issued by the Union Trust Company, to recover from the defendants upon a contract made by them with the Union Trust Company on March 29, 1892, for the benefit of all parties who should become in any wise interested in the subject-matter of the contract.
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Bill in Equity, brought by the holders of secured certificates of deposit issued by the Union Trust Company, to recover from the defendants upon a contract made by them with the Union Trust Company on March 29, 1892, for the benefit of all parties who should become in any wise interested in the subject-matter of the contract. In this contract the defendants agreed, among other things, that they would “ not certify or countersign any certificates for which they do not hold securities, whether of real estate mortgages, or bonds, or tax-sale certificates, or shares of stock in incorporated Iowa…
1Opinion of the CourtBlodgett, C. J.
With regard to the motions for a nonsuit and to direct a verdict, we are constrained by the reported facts to hold that their denial was proper; and with respect to the motion to set aside the verdict as contrary to the weight of evidence, it suffices to say that the exception to its denial raises no question of law. It only remains, therefore, to consider the defendants’ numerous requests for instructions and the exclusion of the question to the witness Elliott.
The requests were :
1. “ The defendant was not an indorser, surety, or guarantor of the certificates of deposit issued by the Union…
2Cited by4 opinions
- Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Meloon v. ReadSupreme Court of New Hampshire · 1905
- Grogan v. YorkSupreme Court of New Hampshire · 1944
- Willis v. Plymouth & Campton Telephone Exchange Co.Supreme Court of New Hampshire · 1910