Pickering v. Derochemont
Supreme Court of New Hampshire
Assumpsit, for money had and received. Pleas, the general issue and the statute of limitations. Replications: I, that the cause of action accrued within six years; II, a new promise within six years. The actions were tried, on review, before a referee, who, subject to exception, admitted in evidence the report of the auditor made in the original suits.
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Assumpsit, for money had and received. Pleas, the general issue and the statute of limitations. Replications: I, that the cause of action accrued within six years; II, a new promise within six years. The actions were tried, on review, before a referee, who, subject to exception, admitted in evidence the report of the auditor made in the original suits. The only evidence of a new promise was contained in statements of account furnished by the defendant to the plaintiffs, showing a balance due them. The plaintiffs had objected to the accounts furnished, desired explanation, and claimed a larger…
1Opinion of the CourtStanley, J.
The statute provides that “upon the return of the report of an auditor a jury trial may be had at the election of either party, and on such trial the report shall be given in evidence subject to be impeached by either party.” Gen. Stats., c. 212, s. 8. The defendant contends that the report is not evidence for either party on the trial of the action on review; that the phrase “ on such trial ” relates tó the trial elected on the return of the report. In the statute giving the right of review, the provision is that the action shall be tried as if no judgment had been rendered (Gen. Stats., c.…
2Cases cited3 opinions
- Brown v. LathamSupreme Court of New Hampshire · 1876
- Page v. BrewsterSupreme Court of New Hampshire · 1877
- Dodge v. LeavittSupreme Court of New Hampshire · 1879