Allen v. Way
New York Supreme Court
This was an appeal from a judgment entered upon the report of a referee. The action was for the recovery of the value of a quantity of salt sold by the defendant Way, by the direction of his co-defendant Frazer, and claimed by the plaintiffs as their property. The defendants justified under a judgment and execution against one Bunnell, and claimed that the salt was his property.
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This was an appeal from a judgment entered upon the report of a referee. The action was for the recovery of the value of a quantity of salt sold by the defendant Way, by the direction of his co-defendant Frazer, and claimed by the plaintiffs as their property. The defendants justified under a judgment and execution against one Bunnell, and claimed that the salt was his property. The plaintiffs proved that in 1848 Bunnell manufactured the salt in question under an arrangement with the firm of Kingsley & Co., by which the latter made advances for the purchase of wood and barrels, and were paid…
1Opinion of the Court
By the Court, Allen, J.
Upon the trial of the cause, several exceptions were taken by the defendants to the decision of the referee, admitting evidence objected to by the defendants, but which the referee, by notes inserted in the case, states that he rejected in considering the case and making his report thereon. There was no question reserved upon the trial in relation to the admission of this evidence, to be thereafter considered and decided by the referee; and one question is whether a referee can, in the manner adopted in this instance, review his decisions made upon the trial, and…
2Cases cited2 opinions
- Marquand v. WebbNew York Supreme Court · 1819
- Haswell v. BussingNew York Supreme Court · 1813
3Cited by3 opinions
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
- Covert v. BrinkerhoffNew York Supreme Court · 1903
- Blashfield v. Empire State Telephone & Telegraph Co.New York Supreme Court · 1893