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90 N.H. 554

3 A.2d 831

Dondero v. Ferranti

Supreme Court of New Hampshire

Decided January 3, 1939

Supreme Court of New Hampshire · decided 1939-01-03

Relies on Berry v. Whidden

Good law ✅— No negative treatment on recordhow we know

Decided 1939-01-03

How this case has been cited

Cited by 13 later decisions — most recently April 1990

1 federal appellate · 1 district · 11 state decisions

401939194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 This is a proceeding in which a common-law action

¶2 of tort for embezzling funds and securities has been amended by a bill in equity for an accounting. The court’s finding that justice required the allowance of the amendment is not to be set aside merely because the defendant thereby lost her right to a jury trial of the action at law. A suit for an accounting has advantages over an action at law, when, as claimed here, an accounting by the defendant is necessary to ascertain the extent of her indebtedness. Equity does not lose its jurisdiction over accounting and discovery by reason of the common law’s adoption of equitable principles. Berry v. Whidden, 62 N. H. 473, 476.

¶3 Exceptions overruled.

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