Baldwin v. . Van Deusen

This case comes before this court upon an appeal by the plaintiff from an order of the Supreme Court reversing a judgment in his favor, entered upon the report of a referee and ordering a new trial. The order of the Supreme Court fails to show that it was based upon questions of fact. It must therefore be assumed in this court to have been made upon questions of law arising upon exceptions taken by the respondent upon trial, or to the report of the referee as made. The only exception that appears to have been taken by the respondent was to the conclusion of law drawn by the referee from the…