Curtice v. Dixon
| Decision Date | 07 November 1905 |
| Citation | 73 N.H. 393,62 A. 492 |
| Parties | CURTICE v. DIXON. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court.
Suit by Grosvenor A. Curtice, as administrator, against Ida A. Dixon. A motion for the framing of issues for a trial by jury was denied, and the cause transferred to the Supreme Court on defendant's exception. Exception overruled.
Bill in equity, praying for a cancellation of a written contract by which it is alleged the defendant obtained a large amount of property through fraud and imposition practiced by her upon the plaintiff's intestate, who was of unsound mind by reason of age and infirmity. The bill also asks for an accounting. The defendant filed an answer denying the allegation of fraud and imposition, and moved that issues be framed for a trial by jury.
Streeter & Hollis and Matthews & Sawyer, for plaintiff. Martin & Howe and Sargent, Remick & Niles, for defendant.
The defendant's motion raises the question whether, upon the cause of action alleged in the plaintiff's bill, she has a constitutional right to a trial by jury. It is admitted in the argument in support of the motion that if the subject-matter of the suit or the peculiar relief sought, as disclosed in the bill, is within the exclusive jurisdiction of equity, a jury trial cannot be had as a matter of substantive right; but it is urged that, if the jurisdiction in these respects is concurrent with that at law, issues of fact must be framed for trial by jury upon motion. But it does not appear to be necessary to decide this somewhat novel question, for there can be little doubt that the plaintiff has stated a case falling within the exclusive cognizance of equity.
Briefly stated, the allegations are that the defendant, by means of fraud and undue influence practiced upon the deceased, who was by reason of age mentally incapacitated from doing business, induced him to execute a written contract with her, by virtue of which she obtained from him a large sum of money, and a bankbook representing several thousand dollars. It is also alleged that by the same means she obtained from him a deed of certain real estate. Assuming the truth of these allegations, it would follow that the beneficial title to the property referred to remained in the deceased, and that the defendant held the same during his lifetime upon a constructive trust for his benefit, and since his decease for the use of his estate. Upon such a state of facts it is the peculiar...
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Hatch v. Hillsgrove
...the plaintiff's title. Bellows v. Bellows, 58 N. H. 60; State v. Saunders, 66 N. H. 39, 87, 25 A. 588, 18 L. R. A. 646; Curtice v. Dixon, 73 N. H. 393, 394, 62 A. 492; 1 Whitehouse, Eq. Pr. § 29. Any claim that the defendant may have had to have the title tried by a jury upon issues framed ......
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Kimball v. Kimball
...there is a preliminary question for the trial court whether the issues shall be tried by the court or sent to a jury. Curtice v. Dixon, 73 N. H. 393, 62 Atl. 492. A nonsuit should be entered as to the action in assumpsit. If justice requires the allowance of an amendment by filing a bill in......
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Genest v. Odell Mfg. Co.
...in equity to the determination of a jury is not denied. State v. Saunders, 66 N. H. 39, 25 Atl. 588, 18 L. R. A. 646; Curtice v. Dixon, 73 N. H. 393, 62 Atl. 492. The contention seems to be that the issues were too numerous to be intelligently considered by a jury. The presiding justice fou......
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Sipola v. Winship
...a right under the Constitution to a trial of them by a jury (State v. Saunders, 00 N. H. 39, 25 Atl. 588, 18 L. E. A. 646; Curtice v. Dixon, 73 N. H. 393, 62 Atl. 492). The specific reason given for the denial of the plaintiff's motion indicates that the court did not consider the circumsta......