Merritt v. Millard
New York Court of Appeals
This is an appeal by the defendant from a judgment of the Superior Court of the city of New York in favor of the plaintiff. The action was brought to recover the sum of $500 and interest paid by one Brewster, to the defendant for the use of the plaintiff.
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This is an appeal by the defendant from a judgment of the Superior Court of the city of New York in favor of the plaintiff. The action was brought to recover the sum of $500 and interest paid by one Brewster, to the defendant for the use of the plaintiff. The answer was, first, a general denial; second, that the claim of the plaintiff grew out of an illegal agreement between-the plaintiff and Jared Brewster, by which it is alleged, that, for the sum of $500, the plaintiff agreed not to bid at a foreclosure sale of certain property, in which both the plaintiff and Brewster were interested as…
1Opinion of the CourtMason, J.
This case is so inartifieially made, it is difficult to determine what questions are presented for review in this court. We cannot review the case upon the evidence, but must take the facts as found by the referee upon the trial.
Hpon the facts as found by the referee in his decision, there really is nothing for this court to review. The referee finds, “ that on the 6th day of September, 1851, one Jared Brewster paid to the defendant, the sum of four hundred dollars, to and for the use of this plaintiff, and which the defendant promised and undertook to pay to the plaintiff when requested; and…
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