Marsh v. Palmer
The Superior Court of New York City
This case was tried before a referee. The action was brought to recover commissions alleged to be due to the plaintiffs for orders for artificial limbs sent to the defendants ; also for the defendants’ proportion of the cost of advertising their artificial leg in circulars and books issued and distributed by the plaintiffs. The referee reported in favor of the plaintiffs: Judgment was entered, and defendants appealed to the General Term.
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This case was tried before a referee. The action was brought to recover commissions alleged to be due to the plaintiffs for orders for artificial limbs sent to the defendants ; also for the defendants’ proportion of the cost of advertising their artificial leg in circulars and books issued and distributed by the plaintiffs. The referee reported in favor of the plaintiffs: Judgment was entered, and defendants appealed to the General Term. The fatal defect in the referee’s report is that he fails to state all the terms of the agreement, which was made solely with reference to and as a part of…
1Opinion of the Court
By the Court:
Freedman, J.
This is an appeal from a judgment entered upon the report of a referee in favor of the plaintiffs and against the defendants. The plaintiffs’ claim- for commissions having been waived, we have carefully examined the evidence bearing upon the liability of the defendants for the cost of the advertisements of their business inserted in the pamphlets issued by plaintiffs, and the findings of the referee thereon, and are of the opinion that the only questions arising therefrom, and presented upon this appeal, are questions of fact, in regard to which the evidence is…
2Cases cited2 opinions
- Hoogland v. WightThe Superior Court of New York City · 1860
- Watson v. CampbellNew York Supreme Court · 1858