Hulce v. Sherman
New York Supreme Court
Shaniiland, Gray and Mason, Justices. This case comes before this court on appeal from a judgment rendered on the decision of a referee. There are two exceptions filed to the final decision of the referee in the case.
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Shaniiland, Gray and Mason, Justices. This case comes before this court on appeal from a judgment rendered on the decision of a referee. There are two exceptions filed to the final decision of the referee in the case. The first is general to the finding and report of the referee that defendants are indebted to the plaintiff upon the note in controversy to the amount of $900.35, and that the plaintiff is entitled to judgment therefor, on the ground that the evidence does not sustain such finding, but on the contrary shows that the note is paid and satisfied. The second exception is that the…
1Opinion of the Court
By the court—Mason, Justice.
The decision of this last exception involves the correctness of our decision in Lakin agt. The New- York & Erie R. R. Co. (11 How. Prac. R. 412.) I concurred in the result of that decision, for I was very clear that the referee had passed upon all the issues in the cause, and *412had found all the facts necessary to a proper disposition of the cause. And when I came to hear the case argued upon the appeal, I was confirmed in that opinion, as will be seen by a reference to my manuscript opinion in the final disposition of the cause. I was not, however, sufficiently…
2Cited by4 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Sharp v. WrightNew York Supreme Court · 1861
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873
- Anderson v. WestThe Superior Court of New York City · 1875