Mersereau v. Lewis
New York Supreme Court
Error from the supreme court. On the 5th December, 1833, an agreement was entered into between Lawrence Mersereau, on the one part, and Hazard Lewis and David Mersereau on the other, that Lawrence Mersereau should assume the control of the debts due a late firm in business, composed of himself and one Thomas Jacobus, stated to amount to the sum of $2,639,55, and that he should commence suits for the collection of the same, (except such as he should elect to take as his own,)…
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Error from the supreme court. On the 5th December, 1833, an agreement was entered into between Lawrence Mersereau, on the one part, and Hazard Lewis and David Mersereau on the other, that Lawrence Mersereau should assume the control of the debts due a late firm in business, composed of himself and one Thomas Jacobus, stated to amount to the sum of $2,639,55, and that he should commence suits for the collection of the same, (except such as he should elect to take as his own,) by the first day of February then next, and should take as his own all of the debts, which he should not have put in…
1Opinion of the Court
After advisement, the following opinion was delivered:
By the Chancellor.
Where a cause is referred, the parties do not lose the right to review upon a writ of error any erroneous decision of the referees in matters of law, to the same extent and substantially in the same manner as if the action was tried before a court and jury- But as the referees are the substitutes both for the court and jury, and decide questions of fact as well as of law, the court for the correction of errors is not authorized to reverse the decision of the supreme court confirming the report of referees *187as to questions…
2Cases cited1 opinion
- Burdick v. Champlain Glass Co.Supreme Court of Vermont · 1839
3Cited by2 opinions
- State v. Jacksonville, Pensacola & Mobile RailroadSupreme Court of Florida · 1878
- Shoemaker v. KingSupreme Court of Pennsylvania · 1861