Goldsmid v. Lewis County Bank

By the Court, Gridley, J.

This is a motion to set aside the report of three intelligent referees, who have found the sum of $1872,72 due to the plaintiff from the defendants. We are all of the opinion that there should be a new trial. It is apparent that the merits of the cause have not yet been tried. That fact alone, however, furnishes no reason for a new trial, provided the fault rests with the defendants. But we think that the referees erred in the conclusion to which they came upon the facts proved. Their error probably consisted in holding that the onus lay upon the defendants to explain…