Brady v. Barnes
Supreme Court of Connecticut
Assumpsit for work done and money expended; brought to the Superior Court in Middlesex County. The following facts were found by an auditor to whom the case was referred. In January, 1870, Michael Brady, one of the plaintiffs, entered into a contract under seal with the defendants for the grading of a section of the Connecticut Western railroad and for masonry and other work to be done thereon.
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Assumpsit for work done and money expended; brought to the Superior Court in Middlesex County. The following facts were found by an auditor to whom the case was referred. In January, 1870, Michael Brady, one of the plaintiffs, entered into a contract under seal with the defendants for the grading of a section of the Connecticut Western railroad and for masonry and other work to be done thereon. Soon after the contract was made, Michael Brady made an arrangement with the other plaintiffs, Terrence Brady and Peter Brady, who are his brothers, by which they were associated with him in the…
1Opinion of the CourtPardee, J.
When a case has been referred by the court in which it is pending to an auditor, he becomes a statutory tribunal clothed with the power and charged with the duty of hearing all admissible evidence bearing upon the issue raised by the pleadings, of weighing it, and of finding distinctly and explicitly all the facts proven by it, and reporting the same to the court appointing him. By the act of reference the court parts with the power thus conferred upon the auditor; it reserves no right to add any fact to those found *518by him, except upon evidence heard by it as to matters the determination of…
2Cases cited11 opinions
- Corbin v. American MillsSupreme Court of Connecticut · 1858
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Pettibone v. StevensSupreme Court of Connecticut · 1842
- Story v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1855
- Clarke v. TerrySupreme Court of Connecticut · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- Schilcher v. SchilcherSupreme Court of Connecticut · 1938
- Antonata v. AntonataSupreme Court of Connecticut · 1912
- Dowd v. EnsignSupreme Court of Connecticut · 1896