Ellis v. Howe Machine Co.
New York Court of Common Pleas
Appeal from a judgment of this court, entered upon a report of a referee. The action was brought to recover a balance alleged to be due under a contract by which the plaintiff was to make for the defendant a statue and bas-reliefs for a pedestal. The facts are stated in the opinion. Upon trial before a referee, he reported in favor of the plaintiff, and judgment for plaintiff was entered on Ms report. From the judgment the defendant appealed.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The eminent referee before whom this case was tried, has, in the elaborate opinion delivered by him, dispensed with the necessity of our recapitulating the material parts of the testimony, or going into any examination of the law, as he has carefully set forth the facts upon which his conclusion was founded ; and there is no question, as to what the law applicable to the subject is, made either by the appellant or respondent.
The appeal is brought upon the ground that the finding of the referee was erroneous upon the facts, and that the law was consequently…
2Cases cited2 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Moss v. . AverellNew York Court of Appeals · 1853
3Cited by3 opinions
- Dill & Collins Co. v. MorisonAppellate Division of the Supreme Court of the State of New York · 1913
- Schurr v. New York & Brooklyn Suburban Investment Co.New York Court of Common Pleas · 1892
- Negley v. Countimg Room Co.City of New York Municipal Court · 1886