Peterborough Railroad v. Wood
Supreme Court of New Hampshire
Debt, on the bond of the defendant Wood as treasurer of the plaintiff railroad. Plea of performance. Replication denying performance, and alleging that Wood as treasurer received certain moneys belonging to the plaintiffs which he has never accounted for, specifying among other sums the following: “On or about Sept. 30, 1875, $4,261.” Defendants also pleaded the discharge of Wood in bankruptcy April 15, 1879. The cause was heard by a referee, who reported in favor of the…
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Debt, on the bond of the defendant Wood as treasurer of the plaintiff railroad. Plea of performance. Replication denying performance, and alleging that Wood as treasurer received certain moneys belonging to the plaintiffs which he has never accounted for, specifying among other sums the following: “On or about Sept. 30, 1875, $4,261.” Defendants also pleaded the discharge of Wood in bankruptcy April 15, 1879. The cause was heard by a referee, who reported in favor of the plaintiffs, subject to the opinion of the court, upon the following statement: Under the above item of $4,261 the…
1Opinion of the CourtBlodgett, J.
I. The defendants’ motion for a recommitment of the report, with instructions to the referee to state the facts as to the matters set forth in the motion, was properly denied. The statute imposes upon referees the duty of ■“ stating specifically their rulings upon all questions of law, and stating all matters of fact found by them proved, if either party shall so request.” G. L., e. 231, s. 11. So far as appears, the defendants made no such request, nor is any reason assigned for their neglect to do so, and consequently no case is made for a recommitment of the report. Nor is any question of…
2Cases cited1 opinion
- Brown v. WeymouthSupreme Judicial Court of Maine · 1853
3Cited by2 opinions
- Benas v. Title Guaranty Trust Co.Missouri Court of Appeals · 1924
- Newcomb v. HamptonSupreme Court of New Hampshire · 1914