Stebbins v. Lancashire Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance. The policy purported to be under seal. The seal was the printed impression of the corporate seal on the paper on which the policy was written. The' plaintiff excepted to the refusal of the court to allow an amendment changing the form of action to covenant. The question of discretion was reserved. .
1Opinion of the CourtStanley, J.
The policy was under seal, and the form of action should have been debt or covenant. The amendment proposed was therefore necessary. Allen v. Sullivan R. R., 32 N. H., 446; Gen. St., c. 1, s. 10.
If the question whether the form of action is amendable was now for the first time presented, we should have no doubt as to the proper answer. The statute provides that “No writ, declaration, return, process, judgment, or other proceeding in the courts or course of justice, shall be abated, quashed, or reversed for any error or mistake, where the person or case may be rightly understood by the court,…
2Cited by17 opinions
- Dupuis v. Smith Properties, Inc.Supreme Court of New Hampshire · 1974
- Owen v. WestonSupreme Court of New Hampshire · 1885
- In re the Proposed New Hampshire Rules of Civil ProcedureSupreme Court of New Hampshire · 1995
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Milne v. Burlington Homes, Inc.Supreme Court of New Hampshire · 1977
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