Brown v. Marrigold
New York Supreme Court
Motion to set aside judgments and for relief. Affidavits were read in support of said motion and in opposition thereto, at the Oswego special term, and the court thereupon ordered a reference to ascertain the facts, as the affidavits were in great conflict. (1.) Such reference has been executed, and L. J. Dorwin, Esq., the referee, has made his report, and given his opinion, and returned the evidence taken; and thereupon, at this term, the parties were further heard.
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Motion to set aside judgments and for relief. Affidavits were read in support of said motion and in opposition thereto, at the Oswego special term, and the court thereupon ordered a reference to ascertain the facts, as the affidavits were in great conflict. (1.) Such reference has been executed, and L. J. Dorwin, Esq., the referee, has made his report, and given his opinion, and returned the evidence taken; and thereupon, at this term, the parties were further heard. (2.) In 1872, Brown & Brown, executors, brought an action, on three notes, against the defendant, who joined issue, and a…
1Opinion of the CourtHardin, J.
— The report of the referee upon the evidence submitted to him, has reported conclusions of fact; and, like *252the verdict of a jury, these conclusions must be accepted by the court when based upon evidence.
It is not apparent that the essential questions arising upon this motion have been found without sufficient evidence to sustain the findings of the referee.
Accepting, therefore, the conclusions reached by the learned referee as to the time when and object of the admissions of service in the two eases wherein Whitney is plaintiff, this case is brought within the opinion of Merwin, J., in…
2Cases cited5 opinions
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Neusbaum v. . KeimNew York Court of Appeals · 1862
- Freligh v. . BrinkNew York Court of Appeals · 1860
- Marshall v. . MoseleyNew York Court of Appeals · 1860
- Winnebrenner v. EdgertonNew York Supreme Court · 1859