Sargent v. Putnam
Supreme Court of New Hampshire
Assumpsit, on the common counts, and a special count on a written contract. The plaintiff’s specification, containing two hundred and thirteen items, amounted to more than $35,000. Sixty-four of the items, specially disputed, amounted to more than $7,000. The defendant’s set-off, containing one hundred items, amounted to more than $50,000. Both parties moved for the appointment of an auditor, for the reason that the accounts were so long and complicated that they would not…
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Assumpsit, on the common counts, and a special count on a written contract. The plaintiff’s specification, containing two hundred and thirteen items, amounted to more than $35,000. Sixty-four of the items, specially disputed, amounted to more than $7,000. The defendant’s set-off, containing one hundred items, amounted to more than $50,000. Both parties moved for the appointment of an auditor, for the reason that the accounts were so long and complicated that they would not be comprehended by a jury. The court, upon examination, finding that the accounts, by reason of their length and…
1Opinion of the CourtDoe, C. J.
Section 2 of chapter 35, Laws of 1876, authorizes the court to commit to one or more referees any cause at law or equity, or the determination of any question of fact “wherein the parties are not, as matter of right, entitled to a trial by jury.” “As matter of right” here means as matter of constitutional right. And, by the constitution, neither party is entitled to a jury trial for the settlement of accounts too complicated to be intelligently investigated and adjusted in that way. Copp v. Henniker, 55 N. H. 179, 210, 211; Perkins v. Scott, 57 N. H. 55, 81, 82, 83, 84; Bellows v. Bellows,…
2Cases cited2 opinions
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Perkins v. ScottSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Low v. Independent Christian SocietySupreme Court of New Hampshire · 1893