Travis v. . Travis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 11, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, appear in the opinion. There being no exceptions to the finding of fact, and no statement in the record that the case contains all of the evidence, the facts could not properly be reviewed by the General Term.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 11, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, appear in the opinion. There being no exceptions to the finding of fact, and no statement in the record that the case contains all of the evidence, the facts could not properly be reviewed by the General Term. (Porter v. Smith, 107 N. Y. 534; Cheney v. R. R. Co., 16 Hun, 415; Graff v. Ross, 47 id. 153; Spenee v. Chambers, 39 id. 193; Code…
1Opinion of the CourtVann, J.
This action, brought for an accounting between copartners, was tried before a referee, who stated, the account on the basis of equality of shares in profits and losses and found a balance against the defendant Bernard Travis in favor of the plaintiff for $6,984.12, and in favor of the defendant Jesse Travis for $14,393.04. The judgment entered upon the report of the referee was reversed by the Geheral Term, and the order of reversal, as finally entered, states that it was based “ upon the facts as well as the law.” Bo exception ivas taken to any finding of fact so as to raise the question of…
2Cases cited4 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Burnap v. . National Bank of PotsdamNew York Court of Appeals · 1884
3Cited by6 opinions
- Ostrander v. . HartNew York Court of Appeals · 1892
- St. John v. PotterNew York Court of Common Pleas · 1892
- Hall v. DennerleinNew York Court of Common Pleas · 1891
- Mutual Benefit Loan & Building Co. v. JaegerAppellate Division of the Supreme Court of the State of New York · 1898
- West v. WrightNew York Supreme Court · 1895
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