Chapin v. . Dobson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought upon the following agreement between the parties: “ Philadelphia, July 9, 1868. “ We agree to furnish John Dobson with the following machinery, on terms stated: 16 48-inch and 7 60-inch first Breaker Feeders, at three hundred dollars each delivered at depot at Pawtucket, E. I., to be sent by steamer from Boston to Philadelphia, and allowance of three dollars to ’ be made on each machine for…
1Opinion of the CourtDanforth, J.
Two questions are presented by the appellant: one relates to the amendment of the answer. In allowing it the referee did not exceed the power conferred by the Code of Procedure (§§ 272, 273; Laws of 1876, chap. 431, § 8), and there is nothing in the case which makes his decision the subject of review in this court. (Holyoke v. Adams, 59 N. Y., 233; Getty v. Spaulding, 58 N. Y., 636; Bennett v. Lake, 47 N. Y., 93 ; Richtmeyer v. Remsen, 38 N. Y., 206.) The other grows out of the admission of parol evidence offered by the defendant and by virtue of which he maintained his defense.
The contract…
2Cases cited9 opinions
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- Grierson v. . MasonNew York Court of Appeals · 1875
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