Stoneman v. Van Vechten
Appellate Division of the Supreme Court of the State of New York
. Appeal "by the defendants, Arthur Van Veehten and another, from a- judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county "of Albany on the 24th day of February, 1899, upon the report of a referee.
1Opinion of the Court
Kellogg, J.:
This is an appeal from a judgment, rendered in favor of the plaintiff upon the findings of a referee. The questions for review relate solely to the nature of the action. If the action is ex deWoto, and is-supported by the proofs in that character, then the j'udgment is right, and the referee committed no error in excluding from consideration. *371the counterclaim pleaded in the defendants’ answer and replied to by the plaintiff.
If the complaint sounds in tort and the proof establishes a contract relation only, then the judgment is wrong.’ If the complaint can be. properly construed as…
2Cases cited1 opinion
- Gindre v. KeanNew York Court of Common Pleas · 1894