History
  • No items yet
midpage
St. Pierre v. Peerless Casualty Co.
77 N.H. 599
| N.H. | 1914
|
Check Treatment

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.

All concurred.

Case Details

Case Name: St. Pierre v. Peerless Casualty Co.
Court Name: Supreme Court of New Hampshire
Date Published: Dec 1, 1914
Citation: 77 N.H. 599
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.