Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

PEASLEE v. DUDLEY.

Where the facts appearing on the trial of an action of trover showed that the plaintiff was entitled to recover for the same cause in an action of assumpsit, the court declined to consider the question whether trover could be maintained, but gave the plaintiff leave to amend by joining a count in assumpsit, and thereupon ordered judgment.

CARPENTER, J.

The question presented is of no practical importance. Time spent in considering it would be wasted. If upon examination it should be found that the action in its present form cannot be maintained, the plaintiff would be permitted to amend by filing a count in assumpsit. The facts upon which the rights of the parties depend having been fully tried and determined, there is no occasion for a further trial. The plaintiff may amend by adding a count for money paid (McDuffee v. Railroad, 52 N.H. 459, Buckminster v. Wright, 59 N.H. 153, and Merrill v. Perkins, 59 N.H. 343), and thereupon there will be

Judgment for the plaintiff.

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

Use AI to get other relevant cases.

Comments

PEASLEE v. DUDLEY
(Jun 1, 1884)