Dearborn v. Newhall
Supreme Court of New Hampshire
Assumpsit, for wood bargained and sold. The defendant bargained with the plaintiffs for the wood on a lot in Hampton at $2 a cord, and after removing- a part he refused to take the rest, claiming that the plaintiffs had induced him to make the bargain by false and fraudulent representations. In this action the plaintiffs attached the wood remaining on the lot as the property of the defendant, and caused it to be sold on the writ.
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Assumpsit, for wood bargained and sold. The defendant bargained with the plaintiffs for the wood on a lot in Hampton at $2 a cord, and after removing- a part he refused to take the rest, claiming that the plaintiffs had induced him to make the bargain by false and fraudulent representations. In this action the plaintiffs attached the wood remaining on the lot as the property of the defendant, and caused it to be sold on the writ. Two days after a verdict had been returned for the plaintiffs, one of the jurors by whom the case had been tried informed the court that a remark made by the clerk,…
1Opinion of the CourtDob, C. J.
In some jurisdictions a recorded verdict cannot be amended by the jury after their separation; but in this state a different practice prevails. The error in this case could be corrected, whether the verdict had or had not been recorded, and whether the jury had or had not separated. Their separation increased the danger of wrong being done by their amendment of the verdict. The increased danger raised the question whether justice required a recommittal of the case for reconsideration, and when, on reconsideration, the verdict was amended, there was a question whether justice required a…
2Cases cited1 opinion
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
3Cited by9 opinions
- Drop Anchor Realty Trust Charlotte Marshall v. Hartford Fire InsuranceSupreme Court of New Hampshire · 1985
- Bothwick v. LaBelleSupreme Court of New Hampshire · 1975
- Pumphrey v. Empire Lath and PlasterMontana Supreme Court · 2006
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Norris v. HaverhillSupreme Court of New Hampshire · 1888
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