Legal Opinion

Wyman v. Farnsworth

New York Supreme Court

Decided July 3, 1848PublishedCited by 5 opinions

Motion by the defendant to set aside a report of referees. The facts raising the points decided sufficiently appear in the opinion of the court.

1Opinion of the Court

By the Court,

Hand, J.

It appears thé stlm found due to the plaintiffs, by the report, ($493,85,) Was made up of two items. One for sheep, amounting to $53,40, and the other for the amount of twd payments that had been made on a note, and interest on those payments. There was contradictory evidence for the consideration of the referees as to the sheep, and with the report on that claim, We cannot interfere. (Esterly v. Cole, 1 Barb. S. C. Rep. 235.) But we think there is no evidence to sustain the remainder. The plaintiff’s testator had given to the defendant’s intestate a note, which, it was…

2Cases cited2 opinions

  1. Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
  2. Mowatt v. WrightNew York Supreme Court · 1828

3Cited by5 opinions

  1. In re the Estate of WeltonNew York Surrogate's Court · 1931
  2. Tutt v. IdeU.S. Circuit Court for New York · 1855
  3. Doll v. EarleNew York Supreme Court · 1873
  4. Campbell v. VandervoortCity of New York Municipal Court · 1886
  5. Peyser v. Mayor of New YorkNew York Supreme Court · 1876

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