Yale v. Gwinits & Casler
New York Supreme Court
Motion to set aside report of referee for irregularity. The action in this case was founded on a promissory note. The defence was, that the note was given for the price of a lot of self-setting sawmill dogs purchased by the defendant Gwinits of the plaintiff, which the plaintiff warranted to be a good, useful and permanent machine, if well used, but which the defendants alleged was a useless and imperfect machine.
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Motion to set aside report of referee for irregularity. The action in this case was founded on a promissory note. The defence was, that the note was given for the price of a lot of self-setting sawmill dogs purchased by the defendant Gwinits of the plaintiff, which the plaintiff warranted to be a good, useful and permanent machine, if well used, but which the defendants alleged was a useless and imperfect machine. The referee overruled the defence and reported in favor of the plaintiff for the whole amount of the note. • The irregularity of the referee on which the motion was founded, was,…
1Opinion of the Court
Paige, Justice.
The objection made by the defendants’ counsel to the regularity of the proceedings of the referee is not founded merely upon his examination of the sawmill dogs in question, but upon such examination being made in the absence and without the knowledge or consent of the defendants, with the assistance of Ransom and Cady, the two principal witnesses of the plaintiff, and upon his receiving, at the time of such examination, explanations from such witnesses, (one of whom was the plaintiff’s son-in-law,) respecting the operation and condition of the sawmill dogs. It is insisted by…
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- Gray v. FiskThe Superior Court of New York City · 1871
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