Dickey v. Weston

Supreme Court of New Hampshire

Dickey v. Weston

61 N.H. 23

DecidedJune 5, 1881

StatusPublished

This text of 61 N.H. 23 (Dickey v. Weston) 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

Dickey v. Weston, 61 N.H. 23 (N.H. 1881).

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Opinion

Clark;, J.

The covenants of seizin and of good right to convey, relating to the state of facts existing at the time of the conveyance, were broken, if at all, upon the delivery of the deed; but the damages which the plaintiff is entitled to recover for the breach are to be determined, not upon the state of facts existing when the cause of action accrued, nor at the date of the writ, but upon the facts appearing at the time of the assessment of damages. Parker v. Brown, 15 N. H. 176; Morrison v. Underwood, 20 N. H. 369.

Demurrer overruled.

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

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Clark;, J.

The covenants of seizin and of good right to convey, relating to the state of facts existing at the time of the conveyance, were broken, if at all, upon the delivery of the deed; but the damages which the plaintiff is entitled to recover for the breach are to be determined, not upon the state of facts existing when the cause of action accrued, nor at the date of the writ, but upon the facts appearing at the time of the assessment of damages. Parker v. Brown, 15 N. H. 176; Morrison v. Underwood, 20 N. H. 369.

Demurrer overruled.

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

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Bluebook (online)

61 N.H. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickey-v-weston-nh-1881.