Bean v. Quirin

On Rehearing. After the foregoing opinion was filed the plaintiff moved for a rehearing.

Marble, J.

The plaintiff invokes in support of his motion the rule announced in Spaulding v. Mayo, 81 N. H. 85, 86, and approved in LaMarre v. LaMarre, 84 N. H. 553 and Vidal v. Errol, 86 N. H. 585, that “The general finding for the plaintiff includes a finding of all the special facts necessary to sustain it .. . unless it appears from the special findings that that is not the case.”

The present case falls within the exception noted. Even if it can be said that the special findings are not actually…