Knickerbacker v. Aldrich

By the Court, Willard, Justice.

This was a motion to set aside the report of a referee for irregularity. The action was brought by'the plaintiff to recover an account for the work, labor and services of one Hamilton, done and performed for the defendants, and which had been assigned by Hamilton to the plaintiff. The defence was payment to Hamilton, and a set off as against him before the assignment.

On the trial the plaintiff introduced Hamilton as a witness to prove his account, and rested upon his evidence alone. The defendants not being personally present, hut now residing in another state,…