Elsher v. Hughes

Supreme Court of New Hampshire

Elsher v. Hughes

60 N.H. 469

CourtSupreme Court of New Hampshire

DecidedJune 5, 1881

StatusPublished

Cited by4 cases

This text of 60 N.H. 469 (Elsher v. Hughes) 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

Elsher v. Hughes, 60 N.H. 469 (N.H. 1881).

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Opinion

Doe, C. J.

The plaintiff is entitled to damages for the defendant’s use and occupation of the plaintiff’s store. The measure of -damages given to the jury was the same as would have been given in assumpsit. Whether, upon the evidence in the case, the value of the occupation should be recovered in trespass or assumpsit, is .an unnecessary question. Merrill v. Perkins, 59 N. H. 343. When the plaintiff amends the declaration by adding a common count in assumpsit, there will be

Judgment on the verdict.

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

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Doe, C. J.

The plaintiff is entitled to damages for the defendant’s use and occupation of the plaintiff’s store. The measure of -damages given to the jury was the same as would have been given in assumpsit. Whether, upon the evidence in the case, the value of the occupation should be recovered in trespass or assumpsit, is .an unnecessary question. Merrill v. Perkins, 59 N. H. 343. When the plaintiff amends the declaration by adding a common count in assumpsit, there will be

Judgment on the verdict.

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

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Bluebook (online)

60 N.H. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elsher-v-hughes-nh-1881.

Opinion

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