Saxe v. . Penokee Lumber Co.
New York Court of Appeals
Appeal from- an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 16,1896, reversing a judgment in favor of plaintiff entered upon the report nf a referee and granting a new trial. This action was brought to recover damages for an alleged breach of contract for the sale of lumber.
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Appeal from- an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 16,1896, reversing a judgment in favor of plaintiff entered upon the report nf a referee and granting a new trial. This action was brought to recover damages for an alleged breach of contract for the sale of lumber. The referee’s findings of fact wore not reversed by the Appellate Division, and with the exception of the formal findings touching incorporation, dissolution of partnership, etc., they are as follows : Between the 31st day of January and the 7th day of February,…
1Opinion of the Court
Parker, Ch. J.
The Appellate Division rested its reversal of the judgment entered upon the report of the referee upon exceptions taken to the refusal of the referee to permit two questions to be answered. Unless that court rightly determined that it was error not to allow the questions to be answered, its order of reversal is without support on this review. The findings of fact made by the referee are unreversed, and are controlling here, and fully support the judgment rendered. They show that the plaintiff and the defendant entered into a contract by which the defendant agreed to deliver to…
2Cases cited8 opinions
- People v. . SharpNew York Court of Appeals · 1887
- Todd v. . GambleNew York Court of Appeals · 1896
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Windmuller v. PopeNew York Court of Appeals · 1887
- Dey v. DoxNew York Supreme Court · 1832
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
- Second Nat. Bank v. Columbia Trust Co.Court of Appeals for the Third Circuit · 1923
28 more not listed; retrieve them via the Exa API.