Stratton v. Cornfield

"Wright, J.

This case is not in a condition to be reviewed in this court. The appeal is from a judgment entered in an action tried by a referee, and there are no findings of fact or of law. In Otis v. Spencer (16 N. Y., 610), it was distinctly held that these must be contained in a case settled by the referee, and that this court could not look elsewhere for them; but here, neither in a case nor in the referee’s reports are they specified. In the first of these the referee determines certain-legal questions arising upon facts that he states appeared in evidence before him, without finding that…