Dainese v. Allen
The Superior Court of New York City
' Francis Dainese sued Richard H. and Anthony B. Allen, to recover upward of six thousand dollars, which he alleged had been over-paid to the defendants by the plaintiff’s agents, in transactions embracing shipment of goods to plaintiff by one Zantzinger, his agent. The defendants set up a counter-claim arising out of the same transactions.
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' Francis Dainese sued Richard H. and Anthony B. Allen, to recover upward of six thousand dollars, which he alleged had been over-paid to the defendants by the plaintiff’s agents, in transactions embracing shipment of goods to plaintiff by one Zantzinger, his agent. The defendants set up a counter-claim arising out of the same transactions. Upon the trial, the principal questions litigated were, whether the agents had acted under a fixed limitation as to price in purchasing goods which they had bought for plaintiff from defendants, and whether notice of such a limitation vhad been brought…
1Opinion of the Court
By the Court.—Freedman, J.
Section 372 of the Code provides: “The trial by referees shall be conducted in the same manner and on similar notice as a trial by the court. . . . They must state the facts found and the conclusions of law separately, and their decision must be given, and may be excepted to and reviewed in like manner, and with like effect in all respects, as in cases of appeal under section 268; and they may in like manner settle a case or exceptions. The report of the referees upon the whole issue shall stand as the decision of the court, and judgment may be entered thereon in the…
2Cases cited11 opinions
- Mead v. . BunnNew York Court of Appeals · 1865
- Cowen v. Village of West TroyNew York Supreme Court · 1864
- Lefler v. FieldNew York Supreme Court · 1868
- Brooks v. ChristopherThe Superior Court of New York City · 1856
- Heroy v. KerrThe Superior Court of New York City · 1861
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3Cited by1 opinion
- Bishop v. Empire Transportation Co.The Superior Court of New York City · 1874