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Jessiman v. Haverhill & Franconia Iron Manufactory

SOLOMON JESSIMAN versus THE HAVERHILL AND FRANCONIA IRON MANUFACTORY

Jessiman v. Haverhill & Franconia Iron Manufactory, 1 N.H. 68 (1817)
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Court
Superior Court of New Hampshire · State Trial Courts
Decided
May 15, 1817
Citations
1 N.H. 68
Cited by 1
Headnotes
A plea of an award, in pursuance of a parol submission, is a good bar without an averment of performance.
Summary
THIS was an action of trespass on the case, for erecting and continuing a dam across the river Ammonoosuc, whereby the plaintiff’s lands were overflown and injured. The defendant pleaded in bar a parole submission of the cause of action to arbitrators, and an award made in pursuance of the submission ; but the plea contained no averment that the award had been performed. To this plea the plaintiff demurred, and objected that the plea was defective for want of such an averment.

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Opinion of the Court

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But the court said that it seemed to be now well settled that a plea of an award in pursuance of a parol submission was good, without averring performance, ( 11 Johnson 189 . Armstrong vs. Masten. — Kid on Awards 381,) and gave judgment for the defendant.

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Cited by 1 case

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1849–1850: 118492026peak 1849 · 1

Relies on it most ⓘ

  1. Pickering v. Pickering19 N.H. 389 (1849)

Most recent

  1. Pickering v. Pickering19 N.H. 389 (1849)

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