Roberts v. Carter
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover of the defends ant the loss and damages sustained by the plaintiff on account of certain false and fraudulent representations alleged to have been made by the defendant, on a sale of liquors to the plaintiff j and upon a warranty on said sale; and for the defendant’s neglect to furnish the plaintiff with a receipt or information, by means of Avhich a certain kind of liquor or…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover of the defends ant the loss and damages sustained by the plaintiff on account of certain false and fraudulent representations alleged to have been made by the defendant, on a sale of liquors to the plaintiff j and upon a warranty on said sale; and for the defendant’s neglect to furnish the plaintiff with a receipt or information, by means of Avhich a certain kind of liquor or schnapps could be made, at a specified cost, equal in quality to Wolfe’s schnapps, &c. The cause was referred to a referee,…
1Opinion of the Court
By the Court, Davies, P. J.
We think this case is not before us in proper form. The report of the referee should have stated the facts found, and the conclusions of law, separately. (Otis v. Spencer, 16 New York Rep. 610. Hunt v. Bloomer, 3 Kern. 341. Johnson v. Whitlock, Id. 344.)
Assuming that the referee had stated the facts correctly, we see what facts he has found, and with that finding we cannot interfere; unless it is clearly against the weight of evidence, or is in direct violation of some rule of law. (Davis v. Allen, 3 Comst. 168. Murfey v. Brace, 23 Barb. 561.) The latter case…
2Cases cited1 opinion
- Murfey v. BraceNew York Supreme Court · 1857
3Cited by4 opinions
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
- Mallory v. PerkinsThe Superior Court of New York City · 1862
- Doud v. DonnellyNew York Supreme Court · 1891
- Tilman v. KeaneNew York Supreme Court · 1865