Van Steenburgh v. Hoffman
New York Supreme Court
This was a motion for the purpose among other things, of having the judgment entered up. on a report of a referee set aside; and. that the referee, state the facts found by him and his conclusions of law.
1Opinion of the Court
Hand, Justice.
This was an action to recover money only, and in such cases, the jury in their discretion, may render a general or special verdict {Code, § 261). But .the court may require the jury “ to find upon particular questions of fact” {id). And this finding controls the general verdict {id. § 262). It is not necessary, in this case, to decide whether the court, where a trial by jury is waived, may make a general decision, without finding all the issues, separately. In strictness, as I understand the old practice, although in many cases, a general verdict was taken; yet, particularly…
2Cases cited1 opinion
- Hanna v. MillsNew York Supreme Court · 1839
3Cited by2 opinions
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Wright v. SandersNew York Supreme Court · 1865