Maybee v. Sniffen
New York Court of Common Pleas
This suit was brought to recover $2,755 40 and interest, for lumber delivered by the plaintiff to the defendant, and used in the construction of the Church of the' Puritans, in the city of Kew York.
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This suit was brought to recover $2,755 40 and interest, for lumber delivered by the plaintiff to the defendant, and used in the construction of the Church of the' Puritans, in the city of Kew York. The indebtedness was contracted in and before December, 1846. It was claimed by the defendant, that the plaintiff’s demand had been satisfied by the assignment to him of the defendant’s contract for building the church; and a set off was pleaded, for certain services alleged to have been performed for the plaintiff. But the defence mainly relied upon, was a general release executed by the…
1Opinion of the CourtBy the Court. Woodruff, J.
Several questions were raised on the trial before the referees as to the admission and rejection of evidence, and exceptions were entered to their ruling. But counsel for the plaintiff, on the argument of this motion, confined themselves to two questions only, and no doubt intended to rest their motion upon those alone.
It is proper, however, to say, that upon referring to the questions which were allowed under the plaintiff’s exceptions, we cannot find, in the ruling of the referees, any ground for setting aside the report.
The questions were clearly not irrelevant; for the time when the…
2Cases cited7 opinions
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- United States v. LinnSupreme Court of the United States · 1843
- Truscott v. DavisNew York Supreme Court · 1848
- Davis v. CarlisleSupreme Court of Alabama · 1844
- Jackson ex dem. Collier v. JacobyNew York Supreme Court · 1828
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