Meredith Mech. Ass'n v. Am. Twist-Drill Co.
| Decision Date | 31 July 1891 |
| Citation | 30 A. 1119,66 N.H. 539 |
| Parties | MEREDITH MECHANIC ASS'N v. AMERICAN TWIST-DRILL CO. (two cases). |
| Court | New Hampshire Supreme Court |
Case reserved from Belknap county.
Actions of debt by the Meredith Mechanic Association against the American Twist-Drill Company on a lease for rent of a mill. The first is for rent payable in 1888, and the second for rent payable in 1889. In the first, after a verdict for the defendant, the plaintiff moved to amend the declaration by adding a general count in assumpsit for use and occupation during the time for which rent was claimed in the original declaration. The same motion was made in the second action, which has not been tried.
Barnard & Barnard, for plaintiff.
E. A. & C. B. Hibbard, Jewell & Stone, and S. W. Rollins, for defendant.
In the first action the amendment, if allowed, would be useless without a new trial. The motion to amend was not seasonably made, and it does not appear that justice requires a new trial. The equitable principle of Britton v. Turner, 6 N. H. 481; Horn v. Batchelder, 41 N. H. 86; Wadleigh v. Sutton, 6 N. H. 15; Elliott v. Heath. 14 N. H. 131; Clough v. Clough, 26 N. H. 24, 32; Davis v. Barrington, 30 N. H. 517, 528; Page v. Marsh, 36 N. H. 305, 308; Smith v. Newcastle, 48 N. H. 70; Blodgett v. Berlin Mills, 52 N. H. 215, 220; Ellsworth v. Brown, 55 N. H. 396,—is applicable to a lessor's claim for use and occupation. In the second action the amendment, being seasonably applied for, should be allowed, if justice requires it. Morgan v. Joyce (N. H.) ubi supra. Case discharged.
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