St. Pierre v. Peerless Casualty Co.
This text of 92 A. 840 (St. Pierre v. Peerless Casualty Co.) 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
No question of law is presented. Whether in accepting and collecting the defendants’ check the plaintiff assented to the defendants’ proposition that the money so received should be deemed to be in full settlement of the claim is a question of fact, not of law. Pike v. Buzzell, 75 N. H. 486; S. C., 76 N. H. 120. The fact' being found that the plaintiff accepted the defendants’ payment in accordance with the terms of the check and the printed indorsement, it would be useless to consider whether the evidentiary facts reported are as matter of law inconsistent with the opposite conclusion. Neither fraud nor mistake is charged. The verdict and judgment for the defendants are the legal results of the findings of fact.
Exception overruled.
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Cite This Page — Counsel Stack
92 A. 840, 77 N.H. 599, 1914 N.H. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-pierre-v-peerless-casualty-co-nh-1914.