Dole v. Pike
Supreme Court of New Hampshire
Bill in Equity, praying, among other things, for an injunction to restrain the defendants, Pike Bros. & Smith, from prosecuting a suit at law against the plaintiff, founded upon certain written contracts concerning the sale of timber, and for an accounting of the matters involved in that suit. The defendants filed several answers. Pike Bros. & Smith moved for a heaving of the questions of fact and law arising upon their answer.
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Bill in Equity, praying, among other things, for an injunction to restrain the defendants, Pike Bros. & Smith, from prosecuting a suit at law against the plaintiff, founded upon certain written contracts concerning the sale of timber, and for an accounting of the matters involved in that suit. The defendants filed several answers. Pike Bros. & Smith moved for a heaving of the questions of fact and law arising upon their answer. The main controversy between them and the plaintiff relates to the measurement of the logs delivered by them under the contracts referred to, and they contended that…
1Opinion of the CourtAllen, J.
The bill seeks an adjustment of matters arising upon several contracts already in controversy in suits at law between some of the parties, and an accounting. The suits at law are by some of the defendants to recover a balance claimed to be due upon the performance of the contracts. The bill alleges that the rights of action upon the contracts have been assigned to other parties, who are also defendants in the bill, and claims as a ground of equitable interference the saving of a multiplicity of suits, and the inconvenience of trying complicated questions, in actions at law, by a jury. The…
2Cited by2 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Low v. Independent Christian SocietySupreme Court of New Hampshire · 1893