Phoenix Mutual Life Ins. Co. v. Clark

DEBT, on a bond. The referee reported the amount legally due, the amount equitably due, and all facts proved before him bearing on the questions of legal and equitable indebtedness, as directed in 59 N.H. 561, 562. Both parties moved for judgment, the plaintiffs for the penal sum of the bond, and the defendant, because on the facts reported nothing was legally or equitably due on the bond. The plaintiffs' motion was granted.

ALLEN and CLARK, JJ., did not sit: the others concurred.