Sheldon v. . Sheldon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the seventh judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The action was for an accounting between partners. The facts, so far as necessary to present the points involved, appear in the opinion.
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Appeal from order of the General Term of the Supreme Court in the seventh judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The action was for an accounting between partners. The facts, so far as necessary to present the points involved, appear in the opinion. This court will not review and reverse the decision of a referee on a pure question of fact, especially where the proof is in favor of the decision. (39 N. Y., 350; 12 id., 258; 19 id., 227; 14 id., 310 ; 4 id., 284; 13 id., 587; 18 id., 573.) A finding by a…
1Opinion of the Court
Earl, C.
The order of the General Term does not state that the reversal was on questions of fact, and, hence, it must be deemed to have been on questions of law. (Code, § 268.) It matters not that the opinion given at General Term shows that the reversal was on questions of fact, so long as this does not appear in the order or judgment of the General Term. The opinion is no part of the record. Hence, upon this appeal, we can review only questions of law, and we can look into the case only for the purpose of seeing whether any error of law was committed. But if the referee has found any…
2Cases cited3 opinions
- Mason v. . LordNew York Court of Appeals · 1869
- Draper v. . StouvenelNew York Court of Appeals · 1868
- Fellows v. . NorthrupNew York Court of Appeals · 1868
3Cited by1 opinion
- Prosser v. First National BankNew York Court of Appeals · 1887