# Brown v. Fitzgerald

> Supreme Court of New Hampshire · December 5, 1899 · 70 N.H. 211

URL: https://www.frixlaw.com/law-library/cases/3551369

## Case

- **Full name:** Brown & A. v. Fitzgerald
- **Court:** Supreme Court of New Hampshire
- **Decided:** December 5, 1899
- **Citations:** 70 N.H. 211; 47 A. 415
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pike
- **Judges:** Pike, Peaslee
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3551369

## Opinion text

Pike, J.
Whether justice required the amendment was a question of fact for the trial term.
Gagnon
v. Connor, 64 N. H. 276.
The defendant’s evidence tended to prove that the plaintiffs had made a false and fraudulent representation to him concerning the location of the line, and that he relied on the representation. This tended to support the defendant’s allegation of deceit.
Gage
v.
Gage,
29 N. H. 533, 543;
Jones
v.
Emery,
40 N. H. 348, 350;
Coon
v.
Atwell,
46 N. H. 510, 513;
Messer
v.
Smyth,
59 N. H. 41. The motion for a nonsuit was properly denied.
Exceptions overruled.
Peaslee, J., did not sit: the others concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3551369. Public record. Not legal advice.