Legal Opinion

Coleman v. Eyre

The Superior Court of New York City

Decided July 2, 1869Published

This is an appeal from a judgment entered upon the report of a referee in favor of the plaintiffs and against the defendant. The exceptions presented but two questions, namely, first, whether an agreement was entered into between the parties as found by the referee ; and, secondly, whether the agreement so found was a legal and valid agreement.

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This is an appeal from a judgment entered upon the report of a referee in favor of the plaintiffs and against the defendant. The exceptions presented but two questions, namely, first, whether an agreement was entered into between the parties as found by the referee ; and, secondly, whether the agreement so found was a legal and valid agreement. Prior to 1855, the defendant had been interested with the plaintiffs in a venture of coffee to San Francisco, by the ship “ Ritterschaft,” the sale of which was conducted by the plaintiffs, and which resulted in a loss to the defendant. In 1856 an…

1Opinion of the Court

By the Court:

Freedman, J.

It appears from the evidence that neither of the parties contradicted the other in express terms as to the expressions testified to by them in the course of such conversation, and it has been therefore very ingeniously argued, on the part of the appellant, that the referee erred in not giving effect to the testimony of both parties. I cannot conceive, however, how or *480in what manner the referee could have done so. The effect of Coleman’s testimony was just the reverse from that which could be attributed to the testimony of the defendant; the referee, therefore, had to…

2Cases cited8 opinions

  1. Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
  2. Burnet v. BiscoNew York Supreme Court · 1809
  3. Smith v. TarltonNew York Court of Chancery · 1847
  4. Ingraham v. GilbertNew York Supreme Court · 1855
  5. Vassar v. CampNew York Supreme Court · 1852

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