Pope v. . Bank of Albion
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant, entered upon the report of a referee, and granting a new trial. (Reported below, 59 Barb., 226.) This action was brought to recover the amount of a check hereinafter described.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant, entered upon the report of a referee, and granting a new trial. (Reported below, 59 Barb., 226.) This action was brought to recover the amount of a check hereinafter described. The referee found the following facts: That on the 2d day of March,1866, P. W. Gallaudet presented to the plaintiff, at the city of New York, a check drawn by one O. F. Burns, of which the following is a copy : “$3,000. “Albion, N. Y., March 1) 1866. “ Cashier of the Bank of Albion,…
1Opinion of the Court
Reynolds, C.
The order reversing the judgment, entered upon the report of the referee, does not state that the reversal was ordered for any error in fact, and. we are compelled to assume that the order was made by reason of some supposed error of law committed by the referee upon the facts found by him, and, if we find such error, the order must be affirmed, and judgment absolute given against the defendant. The facts, as found by the referee, upon which our judgment must be rendered, are briefly these : On the 2d of March, 1866, one Gallaudet presented to the plaintiff a check or draft of O.…
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- The Bank of Genesee v. . the Patchin BankNew York Court of Appeals · 1855
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