Wooster v. Jenkins
New York Supreme Court
Motion by the plaintiffs to set aside a report of referees in iavor of the defendants. The declaration was assumpsit upon the money counts, and the plaintiffs by their hill of particulars claimed to recover several sums of money, amounting in all to $2724,40, which, as they alleged, they had paid on their own notes lent to the defendants.
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Motion by the plaintiffs to set aside a report of referees in iavor of the defendants. The declaration was assumpsit upon the money counts, and the plaintiffs by their hill of particulars claimed to recover several sums of money, amounting in all to $2724,40, which, as they alleged, they had paid on their own notes lent to the defendants. The case made by the evidence was, that in the spring of 1837 the plaintiffs and defendants exchanged notes, each firm making two notes payable to the order of the other, one note for the sum of $1784,40, dated November 25, 1836, and payable in six months ;…
1Opinion of the Court
By the Court, Bronson, Ch. J.
If the referees were right in finding that the money which the plaintiffs seek to recover was "lent by them",to Thomas W. Jenkins, it follows that the plaintiffs -have paid no .money on their "notes, and the whole groundwork of the action fails. I am not prepared to say that the report is so clearly against the weight of -evidence upon that -point that we should'be warranted in setting it aside. "But if we assume that the referees were wrong'on this question of fact, they were Clearly-right on the question of law. If .the plaintiffs paid the money -in question…
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