Williams v. Mathewson
Supreme Court of New Hampshire
Bill in Equity, alleging that on August 1, 1901, tbe defendant Charles C. Mathewson leased to the plaintiff two rooms in a building in Warren for the term of three years from that date; that the plaintiff thereupon entered into the occupancy of the rooms, which were suitable for carrying on his business as a conveyancer and insurance agent, and performed all his covenants; that Mathewson, having covenanted for the peaceable occupation of the premises by the plaintiff,…
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Bill in Equity, alleging that on August 1, 1901, tbe defendant Charles C. Mathewson leased to the plaintiff two rooms in a building in Warren for the term of three years from that date; that the plaintiff thereupon entered into the occupancy of the rooms, which were suitable for carrying on his business as a conveyancer and insurance agent, and performed all his covenants; that Mathewson, having covenanted for the peaceable occupation of the premises by the plaintiff, subsequently conveyed his interest in the building to' his wife, who is the other defendant, subject to the lease; that in the…
1Opinion of the CourtWalker, J.
The questions presented arise on demurrer to the bill. The demurrer, for the purposes of the present inquiry, is regarded as an admission by the defendants of the truth of all material statements of fact contained in the bill which are well pleaded, but not of the inferences or conclusions of law which the plaintiff has seen fit to incorporate therein. Pearson v. Tower, 55 N. H. 36; Eastman v. Thayer, 60 N. H. 408. The truth of the allegation that the defendants’ acts of which the plaintiff complains were “ without right ” is not admitted by the demurrer. In fact, the controversy between the…
2Cases cited2 opinions
- Wangelin v. GoeIllinois Supreme Court · 1869
- Mayor of Jersey City v. Jersey City Water Supply Co.New Jersey Court of Chancery · 1921
3Cited by5 opinions
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- Witherell & Dobbins Co. v. United Shoe Machinery Co.Court of Appeals for the First Circuit · 1919
- Barnard v. Old Colony InsuranceSupreme Court of New Hampshire · 1936