Harvey v. Graham
Supreme Court of New Hampshire
Indebitatus Assumpsit, for work and labor. The defendant was one of a committee of a religious society, appointed to repair a church.
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Indebitatus Assumpsit, for work and labor. The defendant was one of a committee of a religious society, appointed to repair a church. The plaintiff put the pews in the church, under an agreement with the defendant, that he should be paid §90. There was evidence tending to show that by the agreement, the plaintiff was to take one of the pews in part payment; that, before the work was commenced, the parties understood that §800 was to be raised by sale of pews; that there were to be 40 pews at §20 apiece; that the plaintiff, according to a subsequent agreement between himself and the defendant,…
1Opinion of the CourtBartlett, J.
After the case had been submitted to the jury and they had retired for deliberation as to their verdict, the question of reopening the case for further and new instructions to the jury as to matters of law was. as much addressed to the discretion of the court, as the question of re-opening it for further and new evidence as to matters of fact. Smith v. Keen, 26 Me. 422; Booth’s Case, 4 Gratt. 526; see Turner v. Yates, 16 How. 25; Bassett v. Salisbury, 28 N. H. 458; 3 Chitt. Prac. 914. Any other rule of practice would prove very embarrassing in the administration of justice. The jury requested…
2Cases cited4 opinions
- Turner v. YatesSupreme Court of the United States · 1854
- Prosser v. HendersonSupreme Court of Alabama · 1847
- Smith v. KeenSupreme Judicial Court of Maine · 1847
- Weeks v. ElliottSupreme Judicial Court of Maine · 1851