Tibbetts v. Sternberg
New York Supreme Court
APPEAL, by the defendant A. I. Sternberg, from a judgment entered upon the report of a referee. The action was brought to recover the value of a quantity of logs, and round and hewn timber, sold by the plaintiff to the defendants A. I. & J. H. Sternberg. The referee reported in favor of the plaintiff for $52.95 cents, besides costs, and judgment was entered upon his report.
1Opinion of the Court
By the Court,
Mullin, J.
There is no such preponderance of evidence in favor of the defendant as would authorize us to reverse the judgment because the weight of the eyidence is against the finding of the referee. Unless, therefore, some error in law was committed by the referee, on the trial, the judgment must be affirmed.
There are but two such errors insisted, upon by the appellant’s counsel. These are: 1st. The refusal of the referee to compel the first witness on the part of the plaintiff to produce and submit to the inspection of the defendant’s counsel a memorandum from which the counsel…
2Cases cited1 opinion
- Peck v. LakeNew York Supreme Court · 1870
3Cited by13 opinions
- State v. MagersOregon Supreme Court · 1899
- Battalino v. PeopleSupreme Court of Colorado · 1948
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- People v. GezzoNew York Court of Appeals · 1954
- Benefield v. StateAlabama Court of Appeals · 1957
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