Smith v. . Pettee
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee. (Mem. of decision below, 7 Hun, 334.) This action was brought to recover damages for the alleged non-performance of a contract, for the purchase by defendants from plaintiffs of a quantity of iron.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee. (Mem. of decision below, 7 Hun, 334.) This action was brought to recover damages for the alleged non-performance of a contract, for the purchase by defendants from plaintiffs of a quantity of iron. The agreement was in writing, dated June 17th, 1872. By its terms the defendants agreed to purchase and receive one hundred and seventy tons, more or less, of wrought scrap iron, to arrive by ship; seventy tons by the…
1Opinion of the CourtRapallo, J.
This is an appeal from an order granting a new trial, m a case tried before a referee. The reversal of the judgment entered on his report was on questions of law only. Consequently our review must be confined to the questions of law raised by exceptions to his rulings upon the trial, and to his findings and conclusions. Unless we find some of these exceptions to be well taken, the order must be reversed and the judgment entered upon the report of the referee affirmed. The findings contained in the report are sufficient to sustain the judgment. No error of law appears in comparing these…
2Cited by16 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
- German Savings Inst. v. De La Vergne Refrigerating Mach. Co.Court of Appeals for the Eighth Circuit · 1895
- Whitman v. . FoleyNew York Court of Appeals · 1891
- Farish Co. v. Madison Distributing Co.Court of Appeals for the Second Circuit · 1930
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