Baldwin v. Van Deusen
New York Court of Appeals
Appeal from the general term of the Supreme Court, where a judgment entered in favor of the plaintiff, upon the report of a referee, had been reversed, and a new trial awarded; the plaintiff stipulating for judgment absolute, in case of affirmance. This was an action by Jane Baldwin, executrix of W. B. Hawley, who was the executor of Alpheus Baldwin, deceased, 'against Norman Van Deusen, upon a promissory note for $85, dated the 28th March 1857, made by the defendant.
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Appeal from the general term of the Supreme Court, where a judgment entered in favor of the plaintiff, upon the report of a referee, had been reversed, and a new trial awarded; the plaintiff stipulating for judgment absolute, in case of affirmance. This was an action by Jane Baldwin, executrix of W. B. Hawley, who was the executor of Alpheus Baldwin, deceased, 'against Norman Van Deusen, upon a promissory note for $85, dated the 28th March 1857, made by the defendant. The case was tried before a referee, who found, in substance, that, on the 20th September 1856, one Douglass Onley made his…
1Opinion of the CourtGrover, J.
This case comes before the court upon an appeal by the plaintiff from an order of the supreme court reversing a judgment in his favor, entered upon the report of a referee, and ordering a new trial. The order of the supreme court fails to show that it was based upon questions of fact; it must, therefore, be *570assumed, in this court, to have been made upon questions of law, arising upon exceptions taken by the respondent upon trial, or to the report of the referee as made. The only exception that appears to have been taken by the respondent was to the conclusion of law drawn by the referee from…
2Cases cited3 opinions
- Roof v. StaffordNew York Supreme Court · 1827
- Slocum v. Hooker & CatlinNew York Supreme Court · 1852
- Bergin v. . WempleNew York Court of Appeals · 1864
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