Fish v. Wood
New York Court of Common Pleas
Motion for a resettlement of a case on appeal from a judgment entered on the report of a referee. ■ This action was brought by J. Beekman Fish and S. Bayard Fish, against Charles Wood, to recover for building materials sold by them to one Franklin, to be employed in the erection of a house by Franklin for the defendant; the plaintiff claiming that Franklin made the purchase as agent of the defendant.
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Motion for a resettlement of a case on appeal from a judgment entered on the report of a referee. ■ This action was brought by J. Beekman Fish and S. Bayard Fish, against Charles Wood, to recover for building materials sold by them to one Franklin, to be employed in the erection of a house by Franklin for the defendant; the plaintiff claiming that Franklin made the purchase as agent of the defendant. The cause was referred to Philo T. Ruggles, referee; who reported as his conclusion of fact, that “ the plaintiff did not sell and deliver to the defendant, the goods and chattels mentioned and…
1Opinion of the Court
INGRAHAM, F., J.
I cannot assent to the propriety of allowing a party on appeal, who has made his case and argued it fully before the general term of the court, and has received a final adjudication thereon, to have the whole proceedings set aside in order to enable him to make up a new case or report of referees, and submit the same again in a different form to the court.
The present system affords sufficient uncertainty in the administration of the law, without opening the door to a practice which must be liable to great abuses, and which may be used to work great injustice. Where an…
2Cited by3 opinions
- O'Gorman v. KamakNew York Court of Common Pleas · 1875
- Clendenning v. LindnerThe Superior Court of New York City · 1895
- Clendenning v. LindnerThe Superior Court of the City of New York and Buffalo · 1895