Dean v. Wilder

Supreme Court of New Hampshire

Dean v. Wilder

18 A. 87, 65 N.H. 90

DecidedDecember 5, 1888

StatusPublished

This text of 18 A. 87 (Dean v. Wilder) 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

Dean v. Wilder, 18 A. 87, 65 N.H. 90 (N.H. 1888).

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Opinion

Carpenter, J.

Whether the plaintiff assented to the defendants’ rule, and whether the rule entered into and formed a part of the contract between the parties, are questions of fact. Bradley v. Salmon Falls Mfg. Co., 30 N. H. 487; Preston v. American Linen Co., 119 Mass. 400. The plaintiff’s assent to the rule can *91 not be found as a conclusion of law upon the reported facts, however strong as matter of evidence they may seem to be. State v. Hodge, 50 N. H. 510, 526; Bickford v. Dane, 58 N. H. 185; Bank v. Getchell, 59 N. H. 281, 285, 286.

Judgment for the plaintiff.

Smith, J., did not sit: the others concurred.

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Carpenter, J.

Whether the plaintiff assented to the defendants’ rule, and whether the rule entered into and formed a part of the contract between the parties, are questions of fact. Bradley v. Salmon Falls Mfg. Co., 30 N. H. 487; Preston v. American Linen Co., 119 Mass. 400. The plaintiff’s assent to the rule can *91 not be found as a conclusion of law upon the reported facts, however strong as matter of evidence they may seem to be. State v. Hodge, 50 N. H. 510, 526; Bickford v. Dane, 58 N. H. 185; Bank v. Getchell, 59 N. H. 281, 285, 286.

Judgment for the plaintiff.

Smith, J., did not sit: the others concurred.

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Bluebook (online)

18 A. 87, 65 N.H. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-wilder-nh-1888.

Opinion

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