Adams v. Bushey
Supreme Court of New Hampshire
Assumpsit, for labor performed and materials furnished by the plaintiff in repairing the defendant’s house. A certain sum was found due the plaintiff by a referee, whose report the plaintiff moved to set aside on the ground that after the trial the referee, without the knowledge of the plaintiff, opened the case, examined the work and materials in controversy in the presence of the defendant, and heard her suggestions with respect to them.
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Assumpsit, for labor performed and materials furnished by the plaintiff in repairing the defendant’s house. A certain sum was found due the plaintiff by a referee, whose report the plaintiff moved to set aside on the ground that after the trial the referee, without the knowledge of the plaintiff, opened the case, examined the work and materials in controversy in the presence of the defendant, and heard her suggestions with respect to them. The court found the following facts: The trial lasted several days, and a view was taken. In his closing argument, the defendant’s counsel requested the…
1Opinion of the CourtClark, J.
The fact that the referee, after the hearing was closed, in the absence of the parties, examined the house and made measurements, was not, as a matter of law, cause for setting aside the report; and the court at the trial term has found, as a matter of fact, that the fairness of the trial was not affected by the second view, and that the plaintiff suffered no injustice therefrom. Straw v. Truesdale, 59 N. H. 109; George v. Fellows, post. In the remark made by the defendant to the referee, “ that she felt anxious about the case,” we fail to discover any intention to influence the referee, or…
2Cases cited1 opinion
- Straw v. TruesdaleSupreme Court of New Hampshire · 1879