Monell v. Marshall

By the court, Daly, F. J.

There was but a single point in this case, and that was a question óf fact— whether the defendant employed Willard and Anderson to prosecute Mrs. Smith’s claim to the surplus moneys. It was a question in respect to which the testimony was conflicting. The witnesses contradicted each other upon several material points, and where such is the case no other course can be pursued than to hold that the conclusion of the referee, in whose presence the witnesses were examined, is final. The referee, however, has set *426forth the reasons which led him to find that Willard and…