History
  • No items yet
midpage
Larkin v. Alley
169 A. 425
| N.H. | 1933
|
Check Treatment

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.

Woodbury, J., did not sit. *Page 386

Case Details

Case Name: Larkin v. Alley
Court Name: Supreme Court of New Hampshire
Date Published: Dec 5, 1933
Citation: 169 A. 425
Court Abbreviation: N.H.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.