Brooks v. New Durham
Supreme Court of New Hampshire
Case, to recover for injuries occasioned, as alleged, by obstructions in a highway in said town. At the September term, 1874, of said court, this action was by order of court referred to a referee, under the statute of 1874. He gave notice to the parties of a hearing, and they appeared before him, — the plaintiff by himself and counsel, and the defendants by their selectmen and counsel.
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Case, to recover for injuries occasioned, as alleged, by obstructions in a highway in said town. At the September term, 1874, of said court, this action was by order of court referred to a referee, under the statute of 1874. He gave notice to the parties of a hearing, and they appeared before him, — the plaintiff by himself and counsel, and the defendants by their selectmen and counsel. While the hearing was in progress, and before the referee had made his report, the parties entered into an agreement as follows: Strafford, ss. Circuit Court, February Term, 1875. Charles Brooks v. The Town of…
1Concurrence
I think there can be no doubt, that an attorney has authority to bind his client by an agreement to refer an action. Pike v. Emerson, 5 N.H. 393. It was, therefore, of no consequence whether the selectmen had authority to refer the action or not. It is enough that the attorney was satisfied, by the representations of the chairman of the board of selectmen, that the town would acquiesce, and thereupon signed the agreement as attorney. It is of no consequence that the selectmen directed it, because, as the attorney of the town, he should not have undertaken to act as the attorney of the…
2Cases cited8 opinions
- Town of Alton v. Town of GilmantonSuperior Court of New Hampshire · 1823
- Pike v. EmersonSuperior Court of New Hampshire · 1831
- Hanson v. HoittSuperior Court of New Hampshire · 1843
- Goodrich v. Eastern RailroadSupreme Court of New Hampshire · 1859
- Bunton v. LyfordSupreme Court of New Hampshire · 1859
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