Doyle's adm'rs v. St. James' Church
New York Supreme Court
Motion to set aside a report, of referees. The only questions arising on this application were whether the referees had acted on competent evidence, and whether they had done right in refusing to allow interest on the demand of the plaintiffs.
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Motion to set aside a report, of referees. The only questions arising on this application were whether the referees had acted on competent evidence, and whether they had done right in refusing to allow interest on the demand of the plaintiffs. The intestate had erected a vestry room for the defendants, for which he was to receive about $700. The defendants proved the payment of $300 to the intestate personally, and gave evidence of admissions of the intestate of the pay-merit of $300 more to a Dr. Farnan; there was conflicting evidence as to the authority of Farnan to receive the money, and…
1Opinion of the Court
By the Court,
Sutherland, J.
The only questions in this case are: 1st. Whether a certain sum of $300, paid by the defendants to Dr. Farnan for the plaintiffs intestate, was properly credited by the referees to the defendants; and 2d. Whether the plaintiffs are entitled to interest on the balance found due to them.
It was not necessary for the defendants to produce Dr. Farnan, in order to prove his authority from the plaintiffs’ intestate to receive the money for him from the defendants. The admissions and declarations of the intestate were better evidence upon that point than would have been the…
2Cited by8 opinions
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- Van Rensselaer's Executors v. JewettNew York Supreme Court · 1848
- Merritt & Chapman Derrick & Wrecking Co. v. Morris & Cumings Dredging Co.Court of Appeals for the Second Circuit · 1905
- Clark v. ClarkSupreme Court of Connecticut · 1879
- Brainard v. HastingsSupreme Court of Minnesota · 1859
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