Snyder v. . Snyder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of the defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of the defendants, entered upon the report of a referee. (Reported below, 30 Hun, 186.) This action was brought to recover the sum of $1,624.48, with interest from December 4,1878, first, for board and for care bestowed by the plaintiff upon William Snyder, defendant’s testator, at liis request, between August 6,1874, and December 5, 1878, of the value and at the agreed price of $1,616.26; secondly, for dry goods, clothing…
1Opinion of the CourtDanforth, J.
Notwithstanding the general rule that an appellate court is not to look beyond the order to ascertain the ground of judgment, it may do so when the terms of the order are ambiguous, or when the order itself refers to the opinion. (Tolman v. S. B. & N. Y. R. R. Co., 92 N. Y. 353.) We find it there stated that the referee should have found that the services were not rendered by the plaintiff on her own account, but on account of her husband, and that the indebtedness did not accrue to her, and that the findings are erroneous so far as they imply that' there was any contract with the plaintiff.…
2Cases cited1 opinion
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
3Cited by8 opinions
- Kenyon v. KenyonNew York Supreme Court · 1895
- Jefferson County National Bank v. TownleyNew York Court of Appeals · 1899
- In re Babcock's EstateNew York Surrogate's Court · 1889
- Cohen v. EllisNew York Supreme Court · 1885
- In re the Judicial Settlement of the Account of Dow and BensonNew York Surrogate's Court · 1889
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