Color Printing Attachment Co. v. Brown
The Superior Court of New York City
This is an appeal from judgment on report of a referee, entered July 2, 1873, for one thousand six hundred and four dollars and thirty cents. Defendants were expressmen, under the name of the Harlem Express Company. The New York & Boston Express Company received from plaintiff a machine for printing in colors, attached to an ordinary Gordon press, at Boston, to transport to New York American Institute, for exhibtion. It seems to have been well packed at Boston.
Read the full summary
This is an appeal from judgment on report of a referee, entered July 2, 1873, for one thousand six hundred and four dollars and thirty cents. Defendants were expressmen, under the name of the Harlem Express Company. The New York & Boston Express Company received from plaintiff a machine for printing in colors, attached to an ordinary Gordon press, at Boston, to transport to New York American Institute, for exhibtion. It seems to have been well packed at Boston. It was handled six times before it was received by defendants, from New York & Boston Express Company in New York, including the…
1Opinion of the Court
By the Court.—Freedman, J.
The printed case does not contain all the evidénce that was taken before *435the referee, and yet it sufficiently appears from it that there was evidence which justified the referee in finding the facts that he has found. Consequently, such findings, if free from error in the reception and rejection of testimony, can not be disturbed.
But the exceptions disclose several errors in that respect.
On the question of damages, the plaintiffs first called Israel Gr. Rice, who testified that he was a solicitor of patents at Cambridge, Mass., and one of plaintiffs’ directors ; that…
2Cases cited5 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Murray v. SmithThe Superior Court of New York City · 1853
- Worrall v. . ParmeleeNew York Court of Appeals · 1848
- Gouge v. . RobertsNew York Court of Appeals · 1873
- Wilmot v. RichardsonThe Superior Court of New York City · 1857