Straw v. Truesdale
Supreme Court of New Hampshire
Bill in Equity, to sefj aside an award, upon which was brought the suit at law, Truesdale v. Straw, 58 N. H. 207. The condition of the mutual bonds given by the parties to abide the award was as follows: “Whereas, the said parties are owners of adjoining lots on Elm street in Manchester, and the said Truesdale has already erected a new wall upon the east half of his lot, in which the said Straw desires to insert timbers for a new building which she is about to erect,…
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Bill in Equity, to sefj aside an award, upon which was brought the suit at law, Truesdale v. Straw, 58 N. H. 207. The condition of the mutual bonds given by the parties to abide the award was as follows: “Whereas, the said parties are owners of adjoining lots on Elm street in Manchester, and the said Truesdale has already erected a new wall upon the east half of his lot, in which the said Straw desires to insert timbers for a new building which she is about to erect, and,have a right of support therein. And the said Straw is about to erect a new building, for the proper accommodation of which…
1Opinion of the CourtDok, C. J.
The referees did not exceed their authority. The award is warranted by the submission, and does not appear to be based on any error of law or fact. For the protection o£ the defendant, the submission provided that the referees should determine the restrictions under which the plaintiff should take down and rebuild the partition Avail, Avhich Avas one side of the defendant's building. The referees imposed several restrictions, one of which was, that the sum to be paid by either party to the other should be determined by the referees at the conclusion of the work. In putting under the control…
2Cases cited2 opinions
- Beattie v. HilliardSupreme Court of New Hampshire · 1875
- Truesdale v. StrawSupreme Court of New Hampshire · 1877
3Cited by1 opinion
- Adams v. BusheySupreme Court of New Hampshire · 1880