Baird v. . Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 26, 1883, which reversed, on questions of fact as well as of law, a judgment in favor of plaintiff, entered upon the report of a referee, and granted a new trial. This action was brought to recover the contract-price for ten thousand water meters alleged to have been sold and delivered to defendant by Jose F. Navarro, plaintiff’s assignor.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 26, 1883, which reversed, on questions of fact as well as of law, a judgment in favor of plaintiff, entered upon the report of a referee, and granted a new trial. This action was brought to recover the contract-price for ten thousand water meters alleged to have been sold and delivered to defendant by Jose F. Navarro, plaintiff’s assignor. The material facts are stated in the opinion. The declarations of agents as to past transactions are never admissible and were properly disregarded by…
1Opinion of the Court
Huger, Ch. J.
This appeal is exceptional, since it requires the court to consider and review questions both of fact and law.
The trial of the case before the referee resulted in a report in favor of the plaintiff, upon which judgment was entered accordingly. On appeal from this judgment the General Term, upon a consideration of the evidence, reversed the judgment and ordered a new trial, upon the ground of alleged errors committed by the referee in arriving at his conclusions of fact, and so certified in its order of reversal. Erom this order the plaintiff appealed to this court, upon executing…
2Cases cited14 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
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3Cited by158 opinions
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Barnard v. . GantzNew York Court of Appeals · 1893
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
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