Ives & M'Carty v. Van Epps & Shattuck
New York Supreme Court
Motion to set aside report of referees. This was an action of covenant on a sealed agreement, by which the plaintiffs contracted to complete a certain wall in a good, sufficient and workmanlike manner, as soon as might be, for which the defendants agreed to pay, within 30 days from the date, ¡$1500, with other sums. This action was brought to recover the ¡$1500. For this sum, one of the defendants had given his acceptance to the plaintiffs, which had been dishonored.
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Motion to set aside report of referees. This was an action of covenant on a sealed agreement, by which the plaintiffs contracted to complete a certain wall in a good, sufficient and workmanlike manner, as soon as might be, for which the defendants agreed to pay, within 30 days from the date, ¡$1500, with other sums. This action was brought to recover the ¡$1500. For this sum, one of the defendants had given his acceptance to the plaintiffs, which had been dishonored. The cause was heard before referees, where, among other matters, the defendants proposed to inquire into the character of the…
1Opinion of the Court
By the Court,
Cowen, J.
Many points were raised before the referees, which are now repeated here, on the motion to set aside their report. I have been unable to discover the least force in any of them, except that arising from the offer and rejection of the testimony to show that the contract had not been performed in a workmanlike manner. This was proper, not by way of set-off; but in *156mitigation of damages; recoupment, as it is more briefly called by the law. See Toml. Lato Diet. Recoupe. The defendant proposed to go into the inquiry generally, which was overruled ; and he afterwards urged the…
2Cases cited4 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- Sickels v. FortNew York Supreme Court · 1836
- Tuttle v. TompkinsNew York Supreme Court · 1829
3Cited by34 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Stearns v. MarshNew York Supreme Court · 1847
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Matter of National Cash Register Co. v. JosephNew York Court of Appeals · 1949
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