Vansteenburgh v. Hoffman
New York Supreme Court
This was an appeal from a judgment rendered on the report of a referee, for the plaintiff, against the defendant. As the whole claim of the plaintiff was withdrawn, when the case was finally submitted to the referee, except the issue on the second count of the complaint, no more of the pleadings and evidence will be stated than what was material to the issue decided.
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This was an appeal from a judgment rendered on the report of a referee, for the plaintiff, against the defendant. As the whole claim of the plaintiff was withdrawn, when the case was finally submitted to the referee, except the issue on the second count of the complaint, no more of the pleadings and evidence will be stated than what was material to the issue decided. The complaint stated that while an action was pending in the supreme court, in which the now plaintiff and defendant were joint plaintiffs, against Low, sheriff of Saratoga, for taking a quantity of lumber and logs, claimed by…
1Opinion of the Court
By the Court, Willard, P. J.
The appellant’s counsel do not controvert the' conclusions of law, which the referee deduces from the facts found by him, All their points are intended solely to question the facts found from the evidence. They in*31sist that the testimony did not authorize the referee to find the facts as he has stated them, but on the contrary that he ought to have found that the .note was received in payment; that the said Sally Ann had separate property; and that the note was not void. The code of 1852, probably allows the appellants to raise these questions on appeal; (see ) 348,…
2Cases cited3 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Burdick v. GreenNew York Supreme Court · 1818
- Conde v. ShepardNew York Supreme Court · 1849
3Cited by12 opinions
- Clark v. DalesNew York Supreme Court · 1855
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- Coon v. BrookNew York Supreme Court · 1856
- Broward v. RocheSupreme Court of Florida · 1885
- McClenny v. HubbardSupreme Court of Florida · 1884
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