Legal Opinion

Burke v. Burnham

Supreme Court of New Hampshire

Decided December 4, 1951No. 4058Published

1Opinion of the Court

97 N.H. 203 (1951)

DOROTHY C. BURKE, Ex'x

v.

WALTER E. BURNHAM.

No. 4058.

Supreme Court of New Hampshire.

December 4, 1951.

McLane, Davis, Carleton & Graf and Stanley M. Brown (Mr. Brown orally), for the plaintiff.

Devine & Millimet (Mr. Millimet orally), for the defendant.

Maurice A. Broderick, amicus curiae, by brief and orally.

DUNCAN, J.

The defendant's exception presents the issue of whether a settlement made by the plaintiff's decedent during her lifetime was as a matter of law a satisfaction of damages recoverable in this action, constituting a bar to its maintenance. Since the settlement…

Also in this document: Dissent.

2Cases cited4 opinions

  1. Davidson Benedict Co. v. SeversonTennessee Supreme Court · 1902
  2. Burke v. BurnhamSupreme Court of New Hampshire · 1951
  3. Carbary v. Detroit United RailwayMichigan Supreme Court · 1909
  4. McLaughlin v. Hebron Mfg. Co.U.S. Circuit Court for the District of Rhode Island · 1909

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