Labonte v. Lacasse
Supreme Court of New Hampshire
Covenant Broken, and Bill in Equity for the reformation of the deed relied upon in the action of covenant. The cases were heard together at the September term, 1916, of the superior court by Pike, C.J., who entered a verdict for the defendant in the action at law but made no order in the equity suit.
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Covenant Broken, and Bill in Equity for the reformation of the deed relied upon in the action of covenant. The cases were heard together at the September term, 1916, of the superior court by Pike, C.J., who entered a verdict for the defendant in the action at law but made no order in the equity suit. After the death of the chief justice, an unsigned statement of the facts in the case drawn up by him was filed in court and the presiding justice found from an •examination of the notes of the testimony taken at the trial by Judge Pike that the facts were as set forth in the unsigned statement.…
1Opinion of the Court
Parsons,/ C. J.
As the issue raised by the bill in equity was left undetermined by the trier of fact, a new trial must be had unless the plaintiff abandons the proceeding. From the evidence considered by the court, the draft of a decree and a statement of the case and the notes of testimony and the fact that both decree and statement were unsigned, different conclusions might be reached as to what the trial judge intended to do, but it cannot be found that he did what ¡he did not do. Report of an oral statement of the trial judge as to the finding he proposed to make would be evidence of the…
2Cases cited2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Foster v. FosterSupreme Court of New Hampshire · 1883
3Cited by7 opinions
- Foss v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1935
- Smith v. Dental Products Co.Court of Appeals for the Seventh Circuit · 1948
- Grow v. Industrial CommissionUtah Supreme Court · 1943
- Stevens v. Hartford Accident & Indemnity Co.Connecticut Appellate Court · 1992
- Company A, First Regiment North Dakota National Guard Training School v. StateNorth Dakota Supreme Court · 1927
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