Meyers v. Betts
New York Supreme Court
Motion to set aside report of a referee. The action was assumpsit on an account for goods, merchandize, lumber, &c. The defendant, with his plea, gave the usual notice of set-off. On the trial, the defendant, to prove his account, introduced his books, and gave preliminary proof under which he claimed that they were entitled to be received in evidence.
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Motion to set aside report of a referee. The action was assumpsit on an account for goods, merchandize, lumber, &c. The defendant, with his plea, gave the usual notice of set-off. On the trial, the defendant, to prove his account, introduced his books, and gave preliminary proof under which he claimed that they were entitled to be received in evidence. To this the plaintiff’s counsel objected, but after argument the referee decided that the books were sufficiently proved, and received them in evidence. After the proofs were closed, the referee took time to deliberate, and subsequently…
1Per curiam
The counsel for the defendant alleges various errors in the report of the referee, which is sought to be set aside. Among other things, it appears that on the trial of the cause, the referee decided that the proof made by the defendant was sufficient to authorize his books to be received in evidence, and they were received accordingly. It is very likely that in this he may have erred, but they were received,, and thereupon the defendant gave no further proof of his account. The effect of this decision was of course to lull him into security Non *82constat that if the decision had been against…
2Cited by5 opinions
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
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- Covert v. BrinkerhoffNew York Supreme Court · 1903
- Blashfield v. Empire State Telephone & Telegraph Co.New York Supreme Court · 1893
- Durgin v. Ireland & PrudenNew York Court of Appeals · 1856