Philbin v. Patrick
New York Court of Appeals
Appeal from a judgment. This action was brought in the superior court of New York by Stephen Philbin and Joseph P. Quin against Richard Patrick, to recover for labor and materials in the plumbing work in a house of the defendant. Upon the trial before Charles Peabody, Esq., referee, Mr. Knight, the bookkeeper of the plaintiffs, was called and sworn as a witness.
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Appeal from a judgment. This action was brought in the superior court of New York by Stephen Philbin and Joseph P. Quin against Richard Patrick, to recover for labor and materials in the plumbing work in a house of the defendant. Upon the trial before Charles Peabody, Esq., referee, Mr. Knight, the bookkeeper of the plaintiffs, was called and sworn as a witness. After stating that the plaintiffs had two day books, into one of which entries were taken off from the scrap book, and then transferred again into the other, the witness was asked to take his scrap book and begin at the beginning, and…
1Opinion of the CourtMiller, J.
This case was tried before a referee, who reported in favor of the plaintiffs for $1,427.17.
The case does not contain the referee’s report, or the exceptions to the report, and in this respect is not in conformity with provisions of the Code, and the practice in such cases. In Otis v. Spencer (16 N. Y., 610), it was held that the findings of fact, and conclusions of a referee, must be stated in the case itself, and that this court will not look for them elsewhere.
It appeared that there was no case or exceptions in the case cited, and hence it differs somewhat from the one before us. But the…
2Cases cited3 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Otis v. . SpencerNew York Court of Appeals · 1858
- Hynds v. ShultzNew York Supreme Court · 1862