Potter v. . Carpenter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The complaint in this action contained five counts: one upon a promissory note, the others for work, labor and services. The answer set up various counter-claims for work, labor and services performed by defendants, and by one Horace Green, for plaintiffs.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The complaint in this action contained five counts: one upon a promissory note, the others for work, labor and services. The answer set up various counter-claims for work, labor and services performed by defendants, and by one Horace Green, for plaintiffs. The reply alleged, in substance, that, in pursuance of an agreement between the parties, plaintiffs let defendants' use their horse and wagon as an equivalent for…
1Opinion of the CourtRapallo, J.
The points urged on this appeal relate principally to controverted questions of fact. It was the duty of the General Term to review the findings of the referee on those questions; we cannot do so after an affirmance by the General Term, so long as there is any evidence tending to support the findings.
We think, however, that the General Term should have sent the case back to the referee to pass upon the matters embraced in the twelfth and thirteenth requests. There was evidence which would have sustained a finding of the use by defendants of the plaintiffs’ horse and wagon, and that it was the…
2Cases cited1 opinion
- Quincey v. . YoungNew York Court of Appeals · 1873
3Cited by2 opinions
- Burger v. . BurgerNew York Court of Appeals · 1888
- Boyd v. ValeAppellate Division of the Supreme Court of the State of New York · 1903