Genest v. Odell Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries suffered by Charles Genest while employed in the defendants’ mill. The plaintiff in interest was confined in the asylum for the insane when the suit was brought and at the time of the trial, and the action is prosecuted by his wife as next friend. The defendants pleaded a release and later filed a bill in equity against Genest and his wife, setting up the release and alleging fraud in the prosecution of the suit.
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Case, for personal injuries suffered by Charles Genest while employed in the defendants’ mill. The plaintiff in interest was confined in the asylum for the insane when the suit was brought and at the time of the trial, and the action is prosecuted by his wife as next friend. The defendants pleaded a release and later filed a bill in equity against Genest and his wife, setting up the release and alleging fraud in the prosecution of the suit. The defendants’ motion for separate trials of -the cases was denied, and they excepted. A copy of the bill was then filed as an answer in the suit at law,…
1Opinion of the CourtPeaslee, J.
The defendants’ exceptions to the procedure at the trial present no question of law. All the issues which the defendants make have been tried. The order in which they should be disposed of was to be determined by tbe presiding justice. It seemed to him that there should be but one trial. His decision of this question was final. Meloon v. Read, 73 N. H. 153; Owen v. Weston, 63 N. H. 599. The question whether equity has jurisdiction on the issues of release, and fraud in bringing the suit, is not raised by the case. There was no ruling on that question. The ruling was that the issues raised by…
2Cases cited12 opinions
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Carpenter v. HatchSupreme Court of New Hampshire · 1888
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Allen v. Dover Co-Recreational Softball LeagueSupreme Court of New Hampshire · 2002
- Carbone v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
- Manchester St. Ry. v. BarrettCourt of Appeals for the First Circuit · 1920
- Morin v. Travelers InsuranceSupreme Court of New Hampshire · 1932
- Perreault v. Allen Oil Co.Supreme Court of New Hampshire · 1935
8 more not listed; retrieve them via the Exa API.