Green v. Brown
New York Supreme Court
Motion to set aside a report of referees. The action was assumpsit, and was brought by the plaintiff as administrator of Stephen Brown, deceased, to recover for the board, nursing, &c. of James Brown, deceased, and of his father, Abraham Brown, deceased. The defendant pleaded the general issue, and the statute of limitations. The cause having been referred to referees, was heard before them; two of whom reported in favor of the defendant.
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Motion to set aside a report of referees. The action was assumpsit, and was brought by the plaintiff as administrator of Stephen Brown, deceased, to recover for the board, nursing, &c. of James Brown, deceased, and of his father, Abraham Brown, deceased. The defendant pleaded the general issue, and the statute of limitations. The cause having been referred to referees, was heard before them; two of whom reported in favor of the defendant. The plaintiff, for various reasons, which are referred to in the opinion of the court, now moved to set the report aside,
1Opinion of the Court
By the Court,
McCoun, J.
The report of referees, like the verdict of a jury, is only to be set aside, where the hading is clearly against the weight of evidence, or where, upon the trial, some rule of evidence or principle of law has been violated. The plaintiff complains, in the first instance, that the referees improperly received evidence of a set-off on the part of the defendant ; he having been precluded from making a set-off by a judge’s order, for his neglect to furnish a hill of particulars. We do not understand, however, that the evidence of work and services performed by James Brown…
2Cases cited1 opinion
- Lawrence v. BarkerNew York Supreme Court · 1830
3Cited by4 opinions
- Brown v. O'BrienNebraska Supreme Court · 1876
- Wyatt v. BensonNew York Supreme Court · 1857
- Grimm v. HamelNew York Court of Common Pleas · 1859
- Howard v. ZeyerSupreme Court of Louisiana · 1866