Boody v. Pratt
Supreme Court of New Jersey
On error to the Supreme Court. The plaintiffs, by a bill of particulars annexed to their declaration, showed that by their own account with the defendant there was a balance in her favor of $11,756.66. Upon a reference that sum was reported as due the defendant.- When the cause came on to be tried at the Union County Circuit, the plaintiffs did not move the case; The defendant then moved the case.
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On error to the Supreme Court. The plaintiffs, by a bill of particulars annexed to their declaration, showed that by their own account with the defendant there was a balance in her favor of $11,756.66. Upon a reference that sum was reported as due the defendant.- When the cause came on to be tried at the Union County Circuit, the plaintiffs did not move the case; The defendant then moved the case. Defendant’s counsel offered in evidence the transcript of the case and a copy of the referee’s report, which was objected to, admitted and an exception allowed.' The defendant then rested. Mr.…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
At the trial the court directed the jury to-find by its verdict that the sum of $11,756.66, with interest, *284was due from the plaintiffs to the defendant upon her set-off, that being the amount reported to be due by the referee to whom the account had beeli referred. The admission of this report was objected to by the plaintiffs upon the ground that the statement of the amount found to be due was a conclusion of law and not a finding of fact. The report, however, made such reference to the set-off and bill of particulars annexed to and…
2Cited by2 opinions
- Jeffray v. TowarNew Jersey Court of Chancery · 1902
- Boody v. PrattSupreme Court of New Jersey · 1902