Caverly v. Balcom
Supreme Court of New Hampshire
Assumpsit, to recover for making seven cases of shoes. Tried before STANLEY, J., and a jury. The referee, to whom the case was referred under the statute, made a report in favor of the plaintiff, the defendant not appearing. The plaintiff introduced the report of the referee, and rested his case.
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Assumpsit, to recover for making seven cases of shoes. Tried before STANLEY, J., and a jury. The referee, to whom the case was referred under the statute, made a report in favor of the plaintiff, the defendant not appearing. The plaintiff introduced the report of the referee, and rested his case. The defendant’s counsel, in his opening statement, claimed that the shoes in question were made by the plaintiff from the defendant’s stock, and after manufacture came into his (the defendant’s) possession; but they were so made under an arrangement made by the plaintiff and one Swain, of which he…
1Opinion of the Court
Evidence — Practice. This action had been referred under the statute. The referee reported in favor of the plaintiff, and the defendant claimed the right of trial by jury. The plaintiff introduced the report and rested his case, and no exception was taken to the use of the report in evidence before the jury by the defendant.
The report, being in favor of the plaintiff, shifted the burden of proof, so that it was now incumbent on the defendant to go forward and show that he was not liable.
The verdict, having been ordered by the court, must be set aside, if there was any evidence on behalf of…
2Cases cited2 opinions
- Boston Iron Co. v. HaleSuperior Court of New Hampshire · 1836
- Martin v. Great Falls Man'g Co.Superior Court of New Hampshire · 1837
3Cited by1 opinion
- Paphro D. Pike Co. v. BatySupreme Court of New Hampshire · 1898