Taylor v. Enoch Morgan's Sons' Co.
New York Supreme Court
Appeal from judgment on report of John T. Hoffman, Referee. This was an action for commissions, brought by William Taylor against Enoch Morgan’s Sons’ Company. Judgment was entered, upon the report of the referee, in favor of plaintiff for $2,475.53. Defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The main question involved upon this appeal depends upon the ruling of the referee that the contract which formed the basis of the action was not ambiguous, and his refusal to consider evidence tending to explain the same. There has been undoubtedly a great deal of evidence introduced in this case which might properly have been excluded if the view of the referee in respect to this contract was correct, but its admission can in no way injure or prejudice the defendants. Upon an examination of this contract, it seems to be absolutely clear as to what its meaning and interpretation is, and the…
2Cases cited1 opinion
- Stewart v. . MarvelNew York Court of Appeals · 1886
3Cited by1 opinion
- Opdyke v. WhitingNew York Supreme Court · 1889