Ruhl v. . Phillips
New York Court of Appeals
This is an appeal by the defendants, Phillips and Many, from an order of the General Term of the Hew York Common Pleas reversing a judgment in their favor, entered on the report of a referee, and ordering a new trial.
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This is an appeal by the defendants, Phillips and Many, from an order of the General Term of the Hew York Common Pleas reversing a judgment in their favor, entered on the report of a referee, and ordering a new trial. The action was brought by the plaintiff as a judgment creditor of the defendants Many & Lewis, partners in the jewelry business, after the return of an execution on his judgment unsatisfied, for the purpose of setting aside a bill of sale to John B. Phillips (who was the original defendant) of all their property, on the ground that it was made by all the parties thereto with…
1Opinion of the Court
Lott, Ch. C.
The facts in this case did not warrant the reversal by the General Term of the judgment entered on the report of the referee. It is a general rule that the verdict of a jury and the findings of a referee on questions of fact should not be set aside, if there is any testimony to sustain them, unless they are clearly against the weight of evidence. It is conceded, in the opinion of the presiding judge at the General Term, that the special facts found by the referee were correctly found, and he stated that their correctness was not disputed hy either party; but he came to the…
2Cases cited1 opinion
- Loeschigk v. . BridgeNew York Court of Appeals · 1870
3Cited by7 opinions
- Priest v. BrownCalifornia Supreme Court · 1893
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
- Allen v. GrayNew York Supreme Court · 1909
- Allen v. GrayNew York Supreme Court · 1909
- Goodwin v. SchreiberNew York Supreme Court · 1895
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