Meacham v. . Burke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This was an action upon accounts assigned to plaintiff. The defence was a denial, payment and various set-offs. The evideuce was conflicting upon the trial upon the issues presented. The defendant’s counsel presented various requests for the court to find, embracing all the questions in controversy.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This was an action upon accounts assigned to plaintiff. The defence was a denial, payment and various set-offs. The evideuce was conflicting upon the trial upon the issues presented. The defendant’s counsel presented various requests for the court to find, embracing all the questions in controversy. The referee refused to find specifically, but his report simply contained a general finding that plaintiffs were…
1Opinion of the Court
Reynolds, C.
The report, or findings, of the referee in this case, did not conform to the requisitions of the Code, or the established rules of practice. It is, substantially, a general verdict in favor of the plaintiffs, and it is possible that the rights of the defendant have been in some degree prejudiced by the form of proceeding adopted. If that even should be so, it is not now in our power to redress the supposed wrong, if any wrong there be. The law required the referee to find a statement of facts and his conclusions of law separately. He has made a general finding of several…
2Cases cited4 opinions
- Grant v. . MorseNew York Court of Appeals · 1860
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Viele v. . the Troy and Boston Railroad CompanyNew York Court of Appeals · 1859
- Putnam v. . HubbellNew York Court of Appeals · 1870
3Cited by6 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Johnson v. International Harvester Co. of AmericaNew York Supreme Court · 1932
- Dewey v. Board of SupervisorsNew York Supreme Court · 1874
- Dewey v. Supervisors of NiagaraNew York Supreme Court · 1874
- Gove v. HammondNew York Supreme Court · 1875
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