Legal Opinion

Van Dam v. Smit

Supreme Court of New Hampshire

Decided January 30, 1959No. 4695PublishedCited by 17 opinions

1Opinion of the CourtKenison, C. J.

It is not disputed that New Hampshire had jurisdiction of this action in contract (Parsons &c. Lumber Co. v. Southwick, 101 N. H. 258) and “ordinarily, jurisdiction of actions in contract will not be declined.” Thistle v. Halstead, 95 N. H. 87, 90. The defendant, however, maintains that the suits should be dismissed under the doctrine of forum non conveniens. The underlying principle of this doctrine is that a court, even though it has jurisdiction, will not exercise it if it is a serious inappropriate forum for the trial of the action so long as an appropriate forum is available to the…

2Cases cited1 opinion

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947

3Cited by17 opinions

  1. Plum v. Tampax, Inc.Supreme Court of Pennsylvania · 1960
  2. Chambers v. Merrell-Dow Pharmaceuticals, Inc.Ohio Supreme Court · 1988
  3. Thomson v. Continental InsuranceCalifornia Supreme Court · 1967
  4. Leeper v. LeeperSupreme Court of New Hampshire · 1974
  5. Forbes v. BoyntonSupreme Court of New Hampshire · 1973

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