Foote v. Valentine
New York Supreme Court
Appeal from special term, Hew York county; Miles Beach, Justice. This was a proceeding, under the statute, upon a claim against the estate of an intestate, by Elizur V. Foote against Sarah M. Valentine, administratrix of George W. Valentine, deceased. The claim was in form of a promissory note executed by the intestate. The administratrix rejected the claim, and the matter was, under the statute, sent to a referee, who decided in her favor.
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Appeal from special term, Hew York county; Miles Beach, Justice. This was a proceeding, under the statute, upon a claim against the estate of an intestate, by Elizur V. Foote against Sarah M. Valentine, administratrix of George W. Valentine, deceased. The claim was in form of a promissory note executed by the intestate. The administratrix rejected the claim, and the matter was, under the statute, sent to a referee, who decided in her favor. The administratrix moved to confirm, and at the same time plaintiff moved to set aside, the referee’s report, and for a new trial. The motion of the…
1Opinion of the CourtVan Brunt, P. J.
In the consideration of the questions raised upon this appeal, it is not at all necessary to consider in detail the facts presented by the record. Unless the findings of fact of the referee support his conclusions of law, the judgment thereupon rendered cannot be sustained. Although upon the argument a considerable portion of time was devoted by the appellant to the discussion of questions of fact tending to support findings of fact not included in the referee’s report, we do not think we can examine the evidence for the purpose of making new findings upon this appeal. The claim presented by…
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