Sinclair v. Tallmadge
New York Supreme Court
THIS action was brought to recover a portion of the last installment claimed to be due upon a contract for the mason work in the erection of seven stores in the city of Hew York, and for extra work, and work done outside of the contract. The cause was referred, to and tried byJudgeJ^SA- , body, who reported $3107.80 due the plaintiffs, and from the judgment entered upon that report the defendants appealed.
1Opinion of the Court
By the Court, Allen, J.
The case is not prepared in a way to show the findings of the referee upon questions of fact, or his conclusions of law, and the only statement of either is in his general report and direction for judgment, which was evidently not made with an intent to show the disposition made by him of the several questions of fact and of law involved in the final result. Its object was to set forth the main facts found by the referee, and which entitled the plaintiff to a judgment, without considering or disposing of the several defenses and objections interposed by the defendants.…
2Cases cited3 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Smith v. GugertyNew York Supreme Court · 1848
- Pullman v. CorningNew York Supreme Court · 1851
3Cited by40 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Spence v. . HamNew York Court of Appeals · 1900
- Woodward v. . FullerNew York Court of Appeals · 1880
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