Legal Opinion

Stewart v. Lee

Supreme Court of New Hampshire

Decided December 5, 1899PublishedCited by 6 opinions

1Opinion of the CourtYoung, J.

All dioses in action, with a few exceptions not material in any view of this case, which descend to or survive against the administrator of a deceased person, can be assigned. Jordan v. Gillen, 44 N. H. 424, 426. An action for a breach of promise of marriage did not survive at common law, for although in form ex contractu, it is in fact to recover damages for a personal injury, and all such actions died with the person (Vittum v. Gilman, 48 N. H. 416; Sawyer v. Railroad, 58 N. H. 517; Jenkins v. French, 58 N. H. 532); but the legislature has from time to time added other causes of action to…

2Cases cited3 opinions

  1. Jenkins v. FrenchSupreme Court of New Hampshire · 1879
  2. Hilliard v. BeattieSupreme Court of New Hampshire · 1893
  3. Sawyer v. Concord RailroadSupreme Court of New Hampshire · 1879

3Cited by6 opinions

  1. Dumas v. State Farm Mutual Automobile InsuranceSupreme Court of New Hampshire · 1971
  2. Kelley v. Volkswagenwerk AktiengesellschaftSupreme Court of New Hampshire · 1970
  3. Personius v. Asbury Transportation Co.Oregon Supreme Court · 1935
  4. Ladd v. HigginsSupreme Court of New Hampshire · 1946
  5. Brown v. WeeksSupreme Court of New Hampshire · 1920

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