Larkin v. Alley
This text of 169 A. 425 (Larkin v. Alley) 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.
Opinion
The defendant by his motion sought to set up a defence alleged to have been disclosed by the testimony but not relied upon at the trial. It is well settled under our practice that a verdict cannot be sustained upon grounds not presented at the trial, although deducible from the evidence. Doyle v. MacDonald, 85 N. H. 545, 547; Hawes v. Chase, 84 N. H. 170; Bjork v. Company, 79 N. H. 402, 407; Gage v. Railroad, 77 N. H. 289, 296 and cases cited. A fortiori a verdict cannot be disturbed upon such grounds.
Judgment on the verdict.
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Cite This Page — Counsel Stack
169 A. 425, 86 N.H. 385, 1933 N.H. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larkin-v-alley-nh-1933.