A. C. Erisman Co. v. Laconia Furniture Co.

Supreme Court of New Hampshire

A. C. Erisman Co. v. Laconia Furniture Co.

177 A. 409, 87 N.H. 483, 1935 N.H. LEXIS 53

DecidedJanuary 1, 1935

StatusPublished

This text of 177 A. 409 (A. C. Erisman Co. v. Laconia Furniture Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. C. Erisman Co. v. Laconia Furniture Co., 177 A. 409, 87 N.H. 483, 1935 N.H. LEXIS 53 (N.H. 1935).

Pincite

Opinion

Per Curiam.

The case was submitted to the referee without objection to the sufficiency of the evidence. The defendant’s exception is, therefore, unavailing, for it is an elementary rule that such an *484 objection is waived unless taken before the case is submitted to the trier of fact. Hening, N. H. Digest, Tit., Procedure, 1242.

Even if the procedural difficulty were obviated and the assumption adopted that the evidence is fully transferred, the defendant’s position would not be improved. He failed to prove before the referee a special term of his contract of purchase upon which he relied as a defence. The referee’s rejection of the defendant’s evidence upon this point presents no question of law.

Exception overruled.

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Per Curiam.

The case was submitted to the referee without objection to the sufficiency of the evidence. The defendant’s exception is, therefore, unavailing, for it is an elementary rule that such an *484 objection is waived unless taken before the case is submitted to the trier of fact. Hening, N. H. Digest, Tit., Procedure, 1242.

Even if the procedural difficulty were obviated and the assumption adopted that the evidence is fully transferred, the defendant’s position would not be improved. He failed to prove before the referee a special term of his contract of purchase upon which he relied as a defence. The referee’s rejection of the defendant’s evidence upon this point presents no question of law.

Exception overruled.

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Bluebook (online)

177 A. 409, 87 N.H. 483, 1935 N.H. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-c-erisman-co-v-laconia-furniture-co-nh-1935.