Moore v. Martine
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Clara L. Moore against Randolph B. Martine. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtGildersleeve, P. J.
This is an appeal from a judgment entered on the report of a referee in favor of plaintiff. As the case on appeal does not contain any of the evidence, the Appellate Term cannot review the case on the facts, but must consider only the alleged errors of law raised by the exceptions to the report. All the findings of fact of the referee will be assumed to be based upon, sufficient evidence, and we have only to determine whether the conclusions of law are warranted, within the pleadings, by the facts found. Billings v. Russell, 101 N. Y. 226, 4 N. E. 531; Norton v. Matthew, 11 Misc. Rep. 711, 31…
2Cases cited9 opinions
- Billings v. . RussellNew York Court of Appeals · 1886
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Tyng v. . Commercial Warehouse Co.New York Court of Appeals · 1874
- Health Dep't of N.Y. v. . PurdonNew York Court of Appeals · 1885
- Dean v. GilbertNew York Supreme Court · 1895
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