Burt v. Oneida Community, Ltd.
New York Supreme Court
Appeal from judgment on report of referee. Action by Charles A. Burt against the Oneida Community, Limited, John H. Yoyes, and others. The complaint was dimissed, and plaintiff appeals. Affirmed..
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Appeal from judgment on report of referee. Action by Charles A. Burt against the Oneida Community, Limited, John H. Yoyes, and others. The complaint was dimissed, and plaintiff appeals. Affirmed.. For appeal from taxation of the fees of the referee, see 12 Y. Y. Supp. 806. The complaint alleges that the Oneida Community, Limited, is a domestic corporation, organized under the laws of the state of Yew York, and doing business principally in the counties of Madison, Oneida, and Yiagara." Also that about the year 1846 “plaintiff’s father, the defendant Yoyes, and others, organized an…
1Opinion of the CourtHardin, P. J.
1. We think the findings of the referee and the decision made by him must be taken as having been upon the merits. When the motion for a nonsuit was made at the close of the evidence no decision was made by the referee upon that motion. Apparently the parties acquiesced in the view the referee took, that the case was to be considered upon the merits upon the evidence given by either side. We thinks the case falls within the rule laid down in Van Derlip v. Keyser, 68 N. Y. 444. In that case it was said: “The referee has disposed of the case upon the entire evidence, making special findings of…
2Cases cited11 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Hyde v. WoodsSupreme Court of the United States · 1877
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Place v. . HaywardNew York Court of Appeals · 1889
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3Cited by1 opinion
- Tankersley Inv. Co. ex rel. Tankersley v. TankersleySupreme Court of Oklahoma · 1948