Weare v. Putnam
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Upon the filing of the report of the referee in this case the plaintiff moved for judgment, and the defendant objected and filed the following objections. An auditor’s commission in this case was issued to A. W. Sawyer. The parties afterwards, while the case tvas on trial out of court before the auditor, made an agreement to refer, as appears by paper “A” hereto annexed.
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From Hillsborough Circuit Court. Upon the filing of the report of the referee in this case the plaintiff moved for judgment, and the defendant objected and filed the following objections. An auditor’s commission in this case was issued to A. W. Sawyer. The parties afterwards, while the case tvas on trial out of court before the auditor, made an agreement to refer, as appears by paper “A” hereto annexed. The referee reports a gross sum due the plaintiff of $1,599.75, without specifying the items. The defendant claims that matters are in the award not embraced in the original writ in this case.…
1Opinion of the CourtCushing, C. J.
The agreement to refer, being entitled as of term, may be placed on the files and become a part of the papers in the case. The authorities show conclusively that this agreement, being so made, is one that the court ought to enforce. The fact that the parties included in this agreement another agreement for the disposition of a suit between the plaintiff and another defendant, does not furnish any reason why the agreement between these parties, which appears to be distinct, should not be enforced. It is true the submission was not by a rule of the court, but I see no reason why it should not…
2Cited by1 opinion
- Trainor v. HeathSupreme Court of New Hampshire · 1892