Wilson v. Atwood

The case was sent to a referee, who found certain facts, but did not return a general verdict. The verdict for the plaintiff, found by the court from the facts reported by the referee, adds nothing to the plaintiff’s case. The right of the plaintiff to a judgment depends upon the sufficiency of the facts found by the referee. Crawford v. Forristall, 57 N. H. 102. If those facts do not establish a right to recover there would be a judgment for the defendant, unless the case should be recommitted for further findings. It is not the province of the court to add to the findings reported. The…