Legal Opinion

Greenough v. Rolfe

Superior Court of New Hampshire

Decided August 15, 1828PublishedCited by 8 opinions

Assumpsit upon a note for $150, dated January 18, 1822, made by the defendants, and payable to the plaintiff in one year with interest. The cause had been submitted to referees, under a rule of this court ; and it had been agreed between the parties, that the referees should decide the cause upon just and legal grounds, and that at the hearing, the tcs-timony of the parties themselves should be admitted.

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Assumpsit upon a note for $150, dated January 18, 1822, made by the defendants, and payable to the plaintiff in one year with interest. The cause had been submitted to referees, under a rule of this court ; and it had been agreed between the parties, that the referees should decide the cause upon just and legal grounds, and that at the hearing, the tcs-timony of the parties themselves should be admitted. After hearing the parties, the referees made a report in favor of the plaintiff, which the defendants moved the court to set aside on the ground, that it was against both the law and justice…

1Opinion of the CourtRichardson, C. J.

The referees, who were chosen by the parties to decide this cause, having made a report in favor of the plaintiff, the defendants now move the court to set. that report aside ; and the question to be decided, is, whether any legal ground is shown, on which the motion can be sustained ?

The defendants contend, that by the agreement of the parties, the cause was to be decided upon just and legal grounds ; or in other words, according to law ; that the referees must, therefore, be presumed to have intended so to decide ; that they have wholly mistaken the law of the case, and that their decision…

2Cases cited3 opinions

  1. Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
  2. Taylor v. BassettSuperior Court of New Hampshire · 1825
  3. Eaton v. GeorgeSuperior Court of New Hampshire · 1820

3Cited by8 opinions

  1. Baker v. MerrifieldSuperior Court of New Hampshire · 1843
  2. Adams v. HillSuperior Court of New Hampshire · 1854
  3. Bean v. WendellSuperior Court of New Hampshire · 1851
  4. Confederación De Organizadores v. Servidores Públicos Unidos P.R.Supreme Court of Puerto Rico · 2011
  5. Confederación de Organizadores v. Servidores Públicos UnidosSupreme Court of Puerto Rico · 2011

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