Bean v. Wendell
Superior Court of New Hampshire
In Chancery. The bill stated that April 21,1838, an action of trespass, brought by one Dorothy Wendell against the plaintiff, for trespass upon her close, in Lyman, and cutting and carrying away her timber trees, was pending in the Court of Common Pleas for Grafton county: That prior to that day said Dorothy died, and the defendant, one of the executors, prosecuted said action for his own benefit; that on said day the plaintiff proposed to G. & "W., the defendant’s…
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In Chancery. The bill stated that April 21,1838, an action of trespass, brought by one Dorothy Wendell against the plaintiff, for trespass upon her close, in Lyman, and cutting and carrying away her timber trees, was pending in the Court of Common Pleas for Grafton county: That prior to that day said Dorothy died, and the defendant, one of the executors, prosecuted said action for his own benefit; that on said day the plaintiff proposed to G. & "W., the defendant’s attorneys, to buy the land; and an agreement was made between said attorneys in behalf of the defendant, and the plaintiff in his…
1Opinion of the Court
Gilchrist, O. J.
The plaintiff brings his bill to set aside an award, upon the ground that the defendant had agreed that, on certain conditions, the arbitrators should award more favorably than they have done for the plaintiff. This condition was that the arbitrators should find that Wendell was not entitled to require Bean to take and pay for the land; and the plaintiff insists that he is entitled from the defendant to a full and sufficient answer on the point, whether they did or did not so find. The defendant, on the other hand, insists that he has sufficiently answered when he sets out the…
2Cases cited1 opinion
- Bouck v. WilberNew York Court of Chancery · 1820