Merritt v. Millard
The Superior Court of New York City
This was an appeal by the defendant, from a judgment in favor of the plaintiff, entered on the report of John H. White, Esq., Beferee, to whom the issues in the cause were referred. The action was brought to recover the sum of five hundred dollars, paid to the defendant by one Jared Brewster, for the plaintiff’s use.
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This was an appeal by the defendant, from a judgment in favor of the plaintiff, entered on the report of John H. White, Esq., Beferee, to whom the issues in the cause were referred. The action was brought to recover the sum of five hundred dollars, paid to the defendant by one Jared Brewster, for the plaintiff’s use. The answer of the defendant took issue on .the material allegations of the complaint j and also set up four other defenses, all of which were adjudged bad on demurrer. That decision is reported in 5 Bosw., 645. The remaining issues in the cause were referred to John H. White,…
1Opinion of the Court
By the Court—Robertson, J.
The only question upon the Beferee’s report is whether, upon the facts which he was entitled to find, and those he has found, his judgment can be sustained. The opinion annexed to his report is only referred to therein for the reasons for his finding the single fact contained in his report, and they seem amply sufficient to sustain it. The resolution not to consider the question of the illegality of such contract contained in such opinion, and the reasons given therefor, are immaterial, as they form no part of the report. If, under the issues and evidence, he was not…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Merritt v. MillardThe Superior Court of New York City · 1859