Legal Opinion · Concurrence

Ryan v. . Ward

New York Court of Appeals

Decided January 5, 1872Published

Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This is an action to recover a balance due on a contract for the delivery of hides. The hides were delivered at various dates, from February, 1863, until the latter part of August in the same year. Payments were made to the plaintiff’s agent weekly, and receipts given by him.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This is an action to recover a balance due on a contract for the delivery of hides. The hides were delivered at various dates, from February, 1863, until the latter part of August in the same year. Payments were made to the plaintiff’s agent weekly, and receipts given by him. Fifteen of these receipts, between May and February, were expressed to be in full. The referee found the agreement to be as alleged by the…

1Concurrence

Whether or not the contract in reference to the hides was as claimed by the plaintiff in his complaint, was a question of fact finally disposed of by the report of the referee in plaintiff's favor.

The only question, then, for us to consider, is, whether the various receipts in full were so far conclusive upon the plaintiff, that he could not show by parol that the items for "extra bonus" paid by him to the butchers were, nevertheless his due.

It has long been settled in this State, that a receipt furnishes mere prima facie evidence of the facts stated therein, and that it may be controverted…

2Cases cited3 opinions

  1. Tobey v. BarberNew York Supreme Court · 1809
  2. Kellogg v. RichardsNew York Supreme Court · 1835
  3. McDougall v. . CooperNew York Court of Appeals · 1865

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