Ingraham v. Gilbert
New York Supreme Court
THIS action was brought to recover money paid by the plaintiff on a debt due from the defendant to one Baker. The complaint alleged that the defendant was indebted to one Baker in the sum of $195; that the defendant requested the plaintiff to adjust the same, and for that purpose the plaintiff sold to said Baker one yoke of oxen at $60, and paid him $134.85 in money.
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THIS action was brought to recover money paid by the plaintiff on a debt due from the defendant to one Baker. The complaint alleged that the defendant was indebted to one Baker in the sum of $195; that the defendant requested the plaintiff to adjust the same, and for that purpose the plaintiff sold to said Baker one yoke of oxen at $60, and paid him $134.85 in money. That since said payment the plaintiff had repeatedly requested the defendant to repay him the same, but the defendant had wholly neglected and refused so to do; whereby, &c. The answer denied the complaint, and denied that…
1Opinion of the Court
By the Court, James, J.
The defendant’s first ground of error is, that the referee neglected to report upon all the issues made by the pleadings. The code, § 272, requires the referee to state the facts found, and his conclusions of law thereon, separately. This is in the nature of a special verdict, and enables the court, on appeal, to declare readily, whether or not the referee erred in the application of thé law to the facts. In this action the plaintiff averred that he paid the debt to Baker at the defendant’s request, and as the averment was specially denied by the answer, the defendant…
2Cases cited6 opinions
- Sands v. GelstonNew York Supreme Court · 1818
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Doty v. WilsonNew York Supreme Court · 1817
- Smith v. WareNew York Supreme Court · 1816
- Comstock v. SmithNew York Supreme Court · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woods v. AyresMichigan Supreme Court · 1878
- Ainsley v. MeadNew York Supreme Court · 1870
- In re the Judicial Settlement of the Estate of PinkertonNew York Surrogate's Court · 1906
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877
- Thomson v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1902
3 more not listed; retrieve them via the Exa API.