Schofield v. E. R. Bates & Co.

The trial court has discretion to consolidate the issues, in equity and at law, to submit them to a jury, and to direct the jury to deduct from any plaintiff’s verdict in the common-law action the amount received by the plaintiff in a settlement procured by the defendant’s fraud. Genest v. Company, 75 N. H. 365, 367. The case of McIsaac v. McMurray, 77 N. H. 466, did not overrule the Genest case. The reasons there advanced for trying out the equitable issues preliminary to consideration of the action at common law are those particularly appropriate to relief from mutual mistake of fact.…