Lefler v. Field
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the price of .a crop of barley sold and delivered by the plaintiff to the defendants. The defense set up in the answer was that the barley'was represented by the plaintiff to be, and was bought as merchantable, but was not so ; that its value was over $100, and no money was paid thereon or earnest given ; and "that the defendants did not receive the barley.
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the price of .a crop of barley sold and delivered by the plaintiff to the defendants. The defense set up in the answer was that the barley'was represented by the plaintiff to be, and was bought as merchantable, but was not so ; that its value was over $100, and no money was paid thereon or earnest given ; and "that the defendants did not receive the barley. The referee found the following facts : . 1st. That the defendants, in the fall of 1864, were co-partners in the business of buying grain, and…
1Opinion of the Court
By the Court,
Johnson, J.
The defendants, as the case shows, after the decision by the' referee, excepted to each finding of fact, and also to the “ conclusions of law, and to each and every part thereof.” The exceptions to the findings of fact are idle and of no avail. The decision of a referee is always open to review upon the facts, in this court, without any exception. The court will always look into the evidence, if the question is raised, so far as to see whether there is evidence tending to prove the facts, or either of them, as found by the referee, and no exception is necessary to…
2Cases cited2 opinions
- Brainerd v. . DunningNew York Court of Appeals · 1864
- Wilkes v. . HarperNew York Court of Appeals · 1848
3Cited by10 opinions
- Bank of Attica v. Pottier & Stymus Manufacturing Co.New York Supreme Court · 1888
- Carroll v. Staten Island RailroadNew York Supreme Court · 1873
- Collis v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hildebrant v. CrawfordNew York Supreme Court · 1871
- Pennsylvania R. v. AthaDistrict Court, D. New Jersey · 1885
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