Newton v. . Harris
New York Court of Appeals
Appear from the general term of the Supreme Court, in the seventh district, where a judgment in favor of the plaintiff, entered on the report of a referee, had been affirmed. This was an action of assumpsit for work and labor done, and money lent. The defendant pleaded the general issue.
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Appear from the general term of the Supreme Court, in the seventh district, where a judgment in favor of the plaintiff, entered on the report of a referee, had been affirmed. This was an action of assumpsit for work and labor done, and money lent. The defendant pleaded the general issue. On the trial before the referee, it was shown that the plaintiff had worked for the defendant, for a year, wanting a few days, under a contract to work for one year, for $130; and there was evidence tending to show a waiver of full performance. The plaintiff also proved by his brother, Henry Newton, the…
1Opinion of the CourtWatson, J.
— I concur in the opinion delivered in the supreme court, that the finding of the referee should not be disturbed in regard to the allowance for the plaintiff’s labor. As was justly observed in that court, “ enough was proved, to raise the question before the referee, whether the plaintiff was guilty of a breach of the contract, or the performance of it was waived by the defendant.
The recovery of the money lent was had upon the testimony of Henry Newton alone, and the question is presented, whether the referee decided correctly, in rejecting the offer of the defendant, to prove that the…
2Cited by31 opinions
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