Legal Opinion

Haight v. Sahler

New York Supreme Court

Decided December 5, 1859PublishedCited by 15 opinions

APPEAL from a judgment entered upon the report of a referee. The action was brought upon articles of agreement made between the parties, under seal, and was for the recovery of the money therein agreed to be paid by the defendants.

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APPEAL from a judgment entered upon the report of a referee. The action was brought upon articles of agreement made between the parties, under seal, and was for the recovery of the money therein agreed to be paid by the defendants. The action was referred to a referee, who, by his report, found as matter of fact, that on or about the 3d day of September, 1855, the defendants entered into a contract with the plaintiff, under the respective hands and seals of the parties, in these words: “ This agreement, made the third day of September, one thousand eight hundred and fifty-five, between John…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The referee by whom this cause was tried, has put his decision expressly on the case of Randall v. Van Vechten and others, (19 John. 60.) In that case the defendants were a committee of a municipal corporation, and contracted for work to be done for the benefit of their principals, the city of Albany, by agreement under their private seals. In this case, the committee have contracted in like manner for a religious corporation. There is nothing, I think, in the point that the defendants, in the case of Randall v. Van Vechten, were public agents. They were…

2Cases cited9 opinions

  1. The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
  2. Randall v. Van VechtenNew York Supreme Court · 1821
  3. Brockway v. AllenNew York Supreme Court · 1837
  4. Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
  5. Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808

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3Cited by15 opinions

  1. Schaefer v. . HenkelNew York Court of Appeals · 1878
  2. Crandall v. RollinsAppellate Division of the Supreme Court of the State of New York · 1903
  3. Chelsea Exchange Bank v. First United Presbyterian ChurchCity of New York Municipal Court · 1915
  4. Kernochan v. WilkensAppellate Division of the Supreme Court of the State of New York · 1896
  5. Fullam v. Inhabitants of West BrookfieldMassachusetts Supreme Judicial Court · 1864

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