Torry v. Hadley
New York Supreme Court
APPEAL from a judgment entered upon the report and decision of a referee. The referee found as facts, that on the 3d of November, 1853, the plaintiff sold and delivered a horse to the defendant, under a contract between them, that the defendant should deliver to the plaintiff a good and collectible note of a third person, responsible for the same, in the sum of $200 and interest, payable to the plaintiff on the 1st day of July following.
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APPEAL from a judgment entered upon the report and decision of a referee. The referee found as facts, that on the 3d of November, 1853, the plaintiff sold and delivered a horse to the defendant, under a contract between them, that the defendant should deliver to the plaintiff a good and collectible note of a third person, responsible for the same, in the sum of $200 and interest, payable to the plaintiff on the 1st day of July following. That on the 4th of November, 1853, the defendant, under said agreement, delivered to the plaintiff a promissory note made by one Norman Palmer, for the sum…
1Opinion of the Court
By the Court, Marvin, J.
After a careful examination of the evidence relating to the contract between the parties, I have come to the conclusion that the judgment cannot be reversed on the ground that the facts found by the referee are against evidence, or unsupported by the evidence. The evidence upon this question is given by the two sons of the plaintiff. ' There is no question about the sale and delivery of the horse. The important question was, what was the contract between the parties touching the payment for the horse; or rather, upon what agreement the horse was delivered.
Augustus…
2Cases cited1 opinion
- Cooke v. NathanNew York Supreme Court · 1853
3Cited by2 opinions
- Gibson v. TobyNew York Supreme Court · 1869
- Allen v. BantelNew York Supreme Court · 1873