Bartlett v. Trefethen
Superior Court of New Hampshire
Assumpsit, on an account annexed to the writ, and for goods sold and delivered. Plea, the general issue. The case was committed to an auditor who reported that all the charges in the plaintiff’s specification were proved, amounting to the sum of $54.62s In relation to seven of the items included in the specification, and amounting to the sum of $13.45, the auditor stated the reasons given by the defendant, who was examined before him, why these charges should not be allowed,…
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Assumpsit, on an account annexed to the writ, and for goods sold and delivered. Plea, the general issue. The case was committed to an auditor who reported that all the charges in the plaintiff’s specification were proved, amounting to the sum of $54.62s In relation to seven of the items included in the specification, and amounting to the sum of $13.45, the auditor stated the reasons given by the defendant, who was examined before him, why these charges should not be allowed, and stated also his testimony concerning them. The auditor then reported that if these reasons were valid, the sums in…
1Opinion of the CourtGiLcteisT, J.
The first section of chapter 189 of the Revised Statutes enacts that in certain cases the court may appoint one or more auditors “ to state the account between the parties, and make report to the court.” The fifth section provides that the report shall be given in evidence to the jury. Whether the report be of such a character that it may legally be given in evidence, is, of course, a question of law to be determined by the court.
The statutory duty of the auditor is simply to state the account between the parties, and this requires the auditor to *429determine how much of the respective accounts…
2Cited by3 opinions
- Wilson v. EdmondsSuperior Court of New Hampshire · 1852
- Green v. PickeringSuperior Court of New Hampshire · 1854
- Hoyt v. FrenchSuperior Court of New Hampshire · 1851