Hubbell v. . Meigs
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. The order stated the reversal was for errors, both of law and fact. The action was brought to recover the amount paid by plaintiff for 200 shares of the La Crosse and Milwaukie Railroad Company.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. The order stated the reversal was for errors, both of law and fact. The action was brought to recover the amount paid by plaintiff for 200 shares of the La Crosse and Milwaukie Railroad Company. The first count of the complaint set forth an alleged conspiracy between defendants to sell the stock, knowing it to be worthless, and to cheat and defraud purchasers, and a sale to plaintiff, induced by false and fraudulent…
1Opinion of the CourtGroves, J.
The order appealed from shows that the judgment entered upon the report of the reféree was reversed, and new trial ordered for errors, both of law and fact, but does not specify any particular finding of fact by the referee as erroneous. The counsel for the appellant insists that, from this omission, this court has no power to review any of the findings of fact by the referee. That to-authorize this, the order must specify such findings as are-held erroneous; and the review by this" court is confined to those thus specified. This position cannot" be sustained. The Code (§ 348) gives an appeal…
2Cases cited5 opinions
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Day v. . RothNew York Court of Appeals · 1858
- Marsh v. FalkerNew York Court of Appeals · 1869
- Upton v. VailNew York Supreme Court · 1810
- McIntosh v. . EnsignNew York Court of Appeals · 1863
3Cited by54 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Simar v. . CanadayNew York Court of Appeals · 1873
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Nysewander v. LowmanIndiana Supreme Court · 1890
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