Foote v. Storrs
New York Supreme Court
This was a motion on the part of the defendant to set aside the report of a referee. The action was assumpsit for wharf-age ; and the declaration also contained the common counts. The plea was the general issue, with a notice of set-off for goods sold, &c. and the money counts.
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This was a motion on the part of the defendant to set aside the report of a referee. The action was assumpsit for wharf-age ; and the declaration also contained the common counts. The plea was the general issue, with a notice of set-off for goods sold, &c. and the money counts. On the hearing before the referee, the plaintiff proved that he was the owner of a wharf on the west side of Lake Champlain, at Cedar point, in the town of Moriah; and he also proved that from September, 1842, to October, 1845, the defendant had various articles of lumber and other things deposited on the said wharfj…
1Opinion of the Court
By the Court, Willard, J.
So far as this controversy is a mere matter of account between these parties, it is a question of fact on which this court would not disturb the report of the referee, unless it was clearly against a strong preponderance of evidence. But there was testimony on both sides, and we see no reason to differ from the referee in the conclusions at which he arrived, on the state of the accounts. The claim interposed by the defendant for the missing lumber, and which was rejected by the referee, presents the only question that can properly be raised in this case. It is…
2Cases cited3 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Schmidt v. BloodNew York Supreme Court · 1832
- Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
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- Carrier v. DorranceSupreme Court of South Carolina · 1883
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