Bickford v. Dane
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Assumpsit, to recover an account for labor and materials. The action was referred under the act of 1874 to a referee, who for the purpose of assessing damages found for the plaintiff, and at the request of the defendant reported the facts found proved by him as follows : “ The defendant now is, and at the commencement of this suit was, the widow of Herman Dane.
Read the full summary
From Hillsborough Circuit Court. Assumpsit, to recover an account for labor and materials. The action was referred under the act of 1874 to a referee, who for the purpose of assessing damages found for the plaintiff, and at the request of the defendant reported the facts found proved by him as follows : “ The defendant now is, and at the commencement of this suit was, the widow of Herman Dane. She now owns, and for a long time before the decease of her husband did own, a house and lot, in her own right, in Nashua, which was the home of the defendant and her husband. In the lifetime of the…
1Opinion of the Court
FROM HILLSBOROUGH CIRCUIT COURT. I think no judgment can be rendered on this report, for the reason that all the facts reported are at the same time consistent with a contract by which the defendant would be bound, and almost, if not quite, equally consistent with a special contract by the husband binding himself alone. Was Herman Dane acting as the agent of his wife when he employed the plaintiff to do the painting? That is an important inquiry — perhaps the great question in the case; and the referee has not passed upon it one way or the other. The defendant owned the house. Suppose a son,…
2Cases cited1 opinion
- Sceva v. TrueSupreme Court of New Hampshire · 1873
3Cited by1 opinion
- Cate v. RollinsSupreme Court of New Hampshire · 1898