General Mutual Insurance v. Benson
The Superior Court of New York City
Appeal by defendant from a judgment entered, upon the report of a referee, in favor of the plaintiffs, for the sum of $2,062.74, including interest and costs. The cause was before the court upon a case containing the pleadings, report of the referee, and proceedings upon the trial. The following are the pleadings and report. The proceedings it is deemed unnecessary to state.
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Appeal by defendant from a judgment entered, upon the report of a referee, in favor of the plaintiffs, for the sum of $2,062.74, including interest and costs. The cause was before the court upon a case containing the pleadings, report of the referee, and proceedings upon the trial. The following are the pleadings and report. The proceedings it is deemed unnecessary to state. City and county of Hew York, ss. : The above named plaintiffs, by Alexander Hamilton, jun., their attorney, complain of the above-named defendant, and show to this court: That the said plaintiffs made and executed a…
1Opinion of the CourtBy the Court. Duer, J.
We can perceive no ground whatever for setting aside the report of the referee, as contrary to evidence. It appears to us, that all the facts found by him were, not only sufficiently, but very clearly, proved.
The only questions, then, to be considered, are questions of law, arising upon the pleadings, and upon the facts as found by the referee. The first of these questions is, whether the complaint *175states facts sufficient to constitute a cause of action. The second, whether the decision of the referee, that the plaintiffs were entitled to recover, is a just conclusion of law from the facts…
2Cited by5 opinions
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- Sheldon v. WoodThe Superior Court of New York City · 1857
- Strohn v. Hartford Fire InsuranceWisconsin Supreme Court · 1873
- Hauenstein v. KullNew York Supreme Court · 1880