The Marine Bank of Chicago v. . Wright
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 46 Barb., 45.) The action was to recover the value of a cargo of corn shipped from Chicago to Buffalo, and thence to New York by one Yiets, consigned to defendants.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 46 Barb., 45.) The action was to recover the value of a cargo of corn shipped from Chicago to Buffalo, and thence to New York by one Yiets, consigned to defendants. On the 17th day of November, 1859, at Chicago, H. Yiets made his bill of exchange for $3,500 at sight, directed to the defendants in New York. On that day the plaintiff discounted the bill for Yiets for value. At the same time, and as…
1Opinion of the Court
The facts, as found by the referee, having been affirmed by the General Term, are conclusive upon this appellate court. Such facts, with such assumptions and inferences as may be necessary to sustain the report, and not inconsistent therewith, are to be taken by us as the facts upon which the decision is to be made. In this view, nearly the entire argument of the appellants' counsel fails of its application. It would have been pertinent and forcible before the referee, whose duty it was to determine the facts. It would have been quite appropriate before the General Term, where the right to…
2Cited by29 opinions
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