J. F. Pease Furnace Co. v. Kesler
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by the J. F. Pease Furnace Company against George W. .Kesler and others on a note, in which the defense was that the note was given in part settlement for a steam combination portable heater sold with a written agreement guarantying its capacity and efficiency. From a judgment entered on the report of a referee in favor of plaintiff, defendants appeal. Reversed.
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Appeal from judgment on report of referee. Action by the J. F. Pease Furnace Company against George W. .Kesler and others on a note, in which the defense was that the note was given in part settlement for a steam combination portable heater sold with a written agreement guarantying its capacity and efficiency. From a judgment entered on the report of a referee in favor of plaintiff, defendants appeal. Reversed. Argued before HARDIN, P. J„ and FOLLETT, ADAMS, GREEN,, and WARD, JJ.
1Opinion of the CourtHardin, P. J.
Upon a careful inspection of the evidence found in the appeal book, we are of the opinion that the learned referee fell into an error in finding that “the plaintiff erected said furnace and fully performed its said contract before the commencement of this action,” and in finding “that the cause of the failure of said furnace to heat said apartments as specified was the neglect and failure of the defendants Augustus Kesler and Patrick H. Brown to furnish proper chimney draft for said furnace,” and that such findings are against the weight of evidence. The referee may have reached such…
2Cases cited2 opinions
- Weber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Weber v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- J. F. Pease Furnace Co. v. KeslerAppellate Division of the Supreme Court of the State of New York · 1897