Hutchings v. . Munger
New York Court of Appeals
Appeal from a judgment of.the Supreme Court, in the fifth judicial district, affirming, with some modifications, judgment for the plaintiff, on the report of a referee. The action was in the nature of trespass de lonis, for a canal boat.
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Appeal from a judgment of.the Supreme Court, in the fifth judicial district, affirming, with some modifications, judgment for the plaintiff, on the report of a referee. The action was in the nature of trespass de lonis, for a canal boat. The cause was tried before a referee, who reported in favor of the plaintiff, $1,326.94. The defendant appealed to the General Term, where the judgment was modified by deducting $2'T3.3'T as of 9th April, 1860, and affirmed as to the balance; and from that affirmance the defendant appeals to this court. The facts found by the referee are, that on the 17th…
1Opinion of the CourtGrover, J.
The only exception, insisted upon by the counsel for the appellant, was that taken to the ruling of the referee, admitting the testimony of the plaintiff showing an agreement made by him with Mr. Silence, as agent of the defendant, toogive one or two years’ further time for the payment of the balance of the purchase price of the boat. This exception was taken on the ground, that there was no evidence of any authority from the defendant to Silence to make any such agreement. In this position, I think the counsel is correct. The evidence showed that the debt and contract had been transferred by…
2Cases cited2 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Kemble v. Wallis & NewcombNew York Supreme Court · 1833
3Cited by33 opinions
- Cole v. HinesCourt of Appeals of Maryland · 1895
- Wheeler & Wilson Manufacturing Co. v. TeetzlaffWisconsin Supreme Court · 1881
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Sinker, Davis & Co. v. GreenIndiana Supreme Court · 1888
- California Canning Peach Growers v. HarrisCalifornia Court of Appeal · 1928
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