Gray v. Fisk
The Superior Court of New York City
Appeal from judgment entered upon the report of a referee in favor of James Fisk, Jr., William Belden, and William D. Bradford, defendants, and from an order of the special term denying motion of George F. Gray, plaintiff, to set aside the referee’s report upon the alleged grounds: 1. That the report was procured by improper means ; 2. That it was different from what the referee had told plaintiff’s counsel it would be ; and, 3. That the referee changed his opinion ih a…
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Appeal from judgment entered upon the report of a referee in favor of James Fisk, Jr., William Belden, and William D. Bradford, defendants, and from an order of the special term denying motion of George F. Gray, plaintiff, to set aside the referee’s report upon the alleged grounds: 1. That the report was procured by improper means ; 2. That it was different from what the referee had told plaintiff’s counsel it would be ; and, 3. That the referee changed his opinion ih a manner that was improper, and renders the report invalid.
1Opinion of the Court
By the Court:*—Freedman, J.
Plaintiff's exceptions to the admission and rejection of evidence upon the trial, are clearly untenable.
*214All other questions arising upon the appeal from the judgment, and the order denying plaintiff’s motion to set aside the report of the referee, resolve themselves, upon a critical examination, into mere questions of fact. Most of these have been determined against the plaintiff, upon conflicting testimony ; and the rest, —to wit: those upon the motion,—were evidently decided adversely to him, because of his failure to substantiate the charges preferred. Upon the…
2Cases cited2 opinions
- Yale v. Gwinits & CaslerNew York Supreme Court · 1849
- Ayrault v. SackettNew York Supreme Court · 1858