Gove v. Hammond
New York Supreme Court
This is a motion in behalf of the plaintiffs to set aside the report of the referee by whom the cause was tried, for alleged irregularity in this, that the report does not state the facts found by the referee, nor his conclusions of law.
1Opinion of the CourtJames C. Smith, J.
The action is for goods sold and delivered by the plaintiffs to the defendant under a special' *386contract, and for freight and express charges on the goods, paid by the plaintiffs at the defendant’s request. The answer denies the allegations in the complaint, except the copartnership of the plaintiffs; sets up a counter-claim for damages growing out of the plaintiffs’ breach of an alleged agreement to furnish goods of the description mentioned in the complaint, to the defendant to sell for them on commission; and alleges partial payment of the claim set out in the complaint. The counter-claim…
2Cases cited5 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Lefler v. FieldNew York Supreme Court · 1868
- Lefler v. . FieldNew York Court of Appeals · 1872
- Meacham v. . BurkeNew York Court of Appeals · 1873
- Carroll v. Staten Island RailroadNew York Supreme Court · 1873