Branding v. Sargent
Supreme Court of New Hampshire
Assumpsit. The declaration as amended was as follows: “ In a plea of the case for that heretofore, to wit, on the tenth day of April, A. D. 1850, at said Concord, the said defendant, in consideration that the plaintiff would buy of him the good will of the said defendant, in and to the business of a physician, which the said defendant was then and there conducting in connection with the plaintiff, at a place called Fisherville, lying in said Concord, and in Boscawen, in said…
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Assumpsit. The declaration as amended was as follows: “ In a plea of the case for that heretofore, to wit, on the tenth day of April, A. D. 1850, at said Concord, the said defendant, in consideration that the plaintiff would buy of him the good will of the said defendant, in and to the business of a physician, which the said defendant was then and there conducting in connection with the plaintiff, at a place called Fisherville, lying in said Concord, and in Boscawen, in said county, and would pay him therefor the sum of two hundred dollars in five years, the defendant agreed to give up to the…
1Opinion of the Court
Bell J.*
The court are in no situation to decide that Fisherville is not a good and sufficient description of a place in Concord and Boscawen, as alleged. Whether there is a place called by that name, where it is situate, what are its limits, if it has any, are matters of fact, to be determined by a jury upon such evidence as the parties may lay before them. It is in no sense a matter of law, of which a court can take judicial cognizance. What is included in a name descriptive of a place, not being a public corporation, is always matter for a jury. Claremont v. Carleton, 2 N. H. 373; Com. Ld.…
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