Brooks v. New Durham
Supreme Court of New Hampshire
Case, to recover for injuries occasioned, as alleged, by obstructions in a highway in said town. At the September term, 1874, of said court, this action was by order of court referred to a referee, under the statute of 1874. He gave notice to the parties of a hearing, and they appeared before him, — the plaintiff by himself and counsel, and the defendants by their selectmen and counsel.
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Case, to recover for injuries occasioned, as alleged, by obstructions in a highway in said town. At the September term, 1874, of said court, this action was by order of court referred to a referee, under the statute of 1874. He gave notice to the parties of a hearing, and they appeared before him, — the plaintiff by himself and counsel, and the defendants by their selectmen and counsel. While the hearing was in progress, and before the referee had made his report, the parties entered into an agreement as follows: Strafford, ss. Circuit Court, February Term, 1875. Charles Brooks v. The Town of…
1Opinion of the Court
Attorney's authority to refer pending cause. If the facts found by the court, as to what occurred at the time the agreement was signed, were to be considered in determining the construction or validity of the writing, I should infer that Mr. Hobbs, as attorney of the town must have acceded to the view of the chairman of the board of selectmen, that the disposition of the cause agreed to by the selectmen was such as the town would approve, before he signed the paper in the way he did. However that may be, he did, in fact, sign it as attorney for the town, and not as the agent of the selectmen,…
2Cases cited4 opinions
- Town of Alton v. Town of GilmantonSuperior Court of New Hampshire · 1823
- Pike v. EmersonSuperior Court of New Hampshire · 1831
- Hanson v. HoittSuperior Court of New Hampshire · 1843
- Spaulding's AppealSupreme Court of New Hampshire · 1856
3Cited by4 opinions
- Beliveau v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1894
- Bonser v. CourtneySupreme Court of New Hampshire · 1984
- Trainor v. HeathSupreme Court of New Hampshire · 1892
- Woodbury v. SwanSupreme Court of New Hampshire · 1880