Good law ✅— No negative treatment on recordhow we know
Decided 1943-06-01
How this case has been cited
Cited by 3 later decisions — most recently October 1973
3 state decisions
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.
¶1
The validity of the covenant not to sue may be litigated in the action at law.
Schofield
v.
Company,
90 N. H. 31;
Dion
v.
Mills, ante,
414. The construction of the declaratory judgment statute (R. L., c. 370,
s.
20) barring its service when other remedy is available and adequate
(Gitsis
v.
Thornton,
91 N. H. 192, and cases cited) therefore required the dismissal of the petition. The reasons assigned for a reversal of the construction or for an exception to it in the case are not sufficiently impressive to invite discussion.
