Benway v. Wood

Supreme Court of New Hampshire

Benway v. Wood

20 A. 981, 66 N.H. 326

DecidedJune 5, 1890

StatusPublished

This text of 20 A. 981 (Benway v. Wood) 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

Benway v. Wood, 20 A. 981, 66 N.H. 326 (N.H. 1890).

Pincite

Opinion

Blodgett, J.

At least one fatal objection lies at the very threshold of this case. The defendant’s liability as indorser of the original writ extended only to the costs which might be recovered in that action. None have been recovered. The complaint for costs was an original and independent proceeding, in which the defendant was a stranger, and to which his liability did not extend. Other questions raised by the case and discussed by counsel are therefore not considered.

Appeal sustained.

Doe, C. J., did not sit: the others concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Blodgett, J.

At least one fatal objection lies at the very threshold of this case. The defendant’s liability as indorser of the original writ extended only to the costs which might be recovered in that action. None have been recovered. The complaint for costs was an original and independent proceeding, in which the defendant was a stranger, and to which his liability did not extend. Other questions raised by the case and discussed by counsel are therefore not considered.

Appeal sustained.

Doe, C. J., did not sit: the others concurred.

Cite This Page — Counsel Stack

Bluebook (online)

20 A. 981, 66 N.H. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benway-v-wood-nh-1890.