Chubbuck v. . Vernam
New York Court of Appeals
Appeal from a judgment entered upon the decision of the General Term of the Supreme Court in the fourth judicial district. affirming a judgment entered upon the report of George W. Rutland, Es.p, referee.
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Appeal from a judgment entered upon the decision of the General Term of the Supreme Court in the fourth judicial district. affirming a judgment entered upon the report of George W. Rutland, Es.p, referee. On the 30th day of January, 1851, the defendant and Henry Marshall entered into partnership to buy produce in Saratoga county and ship the same to New York for sale. . They continued the partnership business until March 8th, 1853, when they dissolved and had a final settlement. The defendant took the assets and assumed the liabilities of the firm, refunding to Marshall all the capital he had…
1Opinion of the Court
The case does not contain the evidence given on the trial, and it is sought to review the judgment upon the findings of the referee. The referee, in the first instance, made a brief general report, in which he simply found there was nothing due to the plaintiff, and he ordered judgment to be entered in favor of the defendant. From this we are bound to infer that he found all the issues of fact against the plaintiff. Upon this report judgment was entered against the plaintiff. After this general report was made, the referee was procured to make other findings, which were annexed to the…
2Cases cited2 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Bruen v. HoneNew York Supreme Court · 1848
3Cited by13 opinions
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
- Keegan v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
- Dallas Real Estate Co. v. GrovesSupreme Court of Iowa · 1940
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