Stebbins v. Brown
New York Supreme Court
APPEAL, by the defendant, from a judgment en- ^ tered upon the report -of a referee. The action was brought to recover the amount of a bill for board, lodging, washing &c.
1Opinion of the Court
By the Court, Davis, J.
The report of the referee having been set aside, for irregularity, on the motion heard concurrently with this appeal, it is only necessary to dispose of the appeal from the judgment, for the purpose of clearing the records of the court. ,
There were several fatal errors in the admission and rejection of evidence, during the progress of the trial. It was not competent to meet the defendant’s evidence tending to show an express agreement that absences should be deducted from the charges for board, by proof that it is the custom of hotels not to allow such deductions. The…
2Cited by1 opinion
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