Sermont v. Baetjer
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. Action on a charter-party executed in duplicate by the plaintiff and defendants respectively, in the city of New York, dated the 15th of August, 1862, whereby the defendants chartered the French ship “Belle Anais,” of which the plaintiff was master, for a voyage from New York to Havre with a cargo of assorted merchandise, for the sum of 25,000 francs payable in cash in Havre on the arrival of the vessel at that port.
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APPEAL from a judgment entered on the report of a referee. Action on a charter-party executed in duplicate by the plaintiff and defendants respectively, in the city of New York, dated the 15th of August, 1862, whereby the defendants chartered the French ship “Belle Anais,” of which the plaintiff was master, for a voyage from New York to Havre with a cargo of assorted merchandise, for the sum of 25,000 francs payable in cash in Havre on the arrival of the vessel at that port. The charter-party recited that the vessel was of 404 tons register. The complaint alleged the execution of the…
1Opinion of the Court
By the Court, James C. Smith, J.
There is no force in the position taken by the counsel for the appellants that the referee’s finding of facts is insufficient, and therefore the judgment should be reversed. The findings objected to are *364those relating to the alleged false representations and to the plaintiff’s performance of the agreement.
In respect to the first of these, the report of the referee is claimed to he insufficient, inasmuch as it does not find specifically whether the plaintiff did not in fact make the representations alleged ; or whether he made them and they were true ; or…
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- Smith v. Ætna Life InsuranceNew York Supreme Court · 1871
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