Terry v. McNiel
New York Supreme Court
THIS action was brought by the plaintiffs as administrators of William Stevenson, deceased, against the defendant, upon book account, upon several promissory notes, and for balance due on a bond secured by a mortgage. The action was tried by a sole referee, who reported in favor of the plaintiffs $1158.20 as due upon the bond and mortgage, and found nothing due upon the account or the notes, but that they had all been paid and satisfied.
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THIS action was brought by the plaintiffs as administrators of William Stevenson, deceased, against the defendant, upon book account, upon several promissory notes, and for balance due on a bond secured by a mortgage. The action was tried by a sole referee, who reported in favor of the plaintiffs $1158.20 as due upon the bond and mortgage, and found nothing due upon the account or the notes, but that they had all been paid and satisfied. The appeal is brought to reverse the finding of the referee. The case had been in the courts, and previously tried at one or more circuits, and appeals to…
1Opinion of the Court
By the Court, Potter, J.
The only review that can be taken of the trial, in this case, must be as to errors committed by the referee on the trial. Ho error of fact is claimed, upon either side, as to the report upon the account or notes sued upon; and there can be no real complaint upon the merits, upon any fact regarding payments upon the bond, except as to one payment of the amount of $315, on the 15th day of February, 1841. After a thorough review of the evidence in regard to this item, I do not feel justified in reversing, and I think a court of review could not, by any known rule, reverse…
2Cases cited2 opinions
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Commercial Bank of Pennsylvania v. Union BankNew York Supreme Court · 1853
3Cited by9 opinions
- Seligman v. RogersSupreme Court of Missouri · 1893
- Whelan v. . LynchNew York Court of Appeals · 1875
- Watts v. Phillips-Jones Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Dancel v. Goodyear Shoe Machinery Co.U.S. Circuit Court for the District of Southern New York · 1905
- Blanding v. CohenAppellate Division of the Supreme Court of the State of New York · 1905
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