Frost v. Smith
The Superior Court of New York City
Appeal by the defendant, from a judgment entered on the report of George W. Stevens, Esq., as referee. This action was commenced the latter part of January, 1859. The printed case contains the. summons, complaint, reply, order of reference, the referee’s report of his findings of fact and conclusions of law, (dated December 24, 1859,) the defendant’s exceptions, the judgment entered on the report, and the notice of appeal. It does not contain any evidence given on the trial.
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Appeal by the defendant, from a judgment entered on the report of George W. Stevens, Esq., as referee. This action was commenced the latter part of January, 1859. The printed case contains the. summons, complaint, reply, order of reference, the referee’s report of his findings of fact and conclusions of law, (dated December 24, 1859,) the defendant’s exceptions, the judgment entered on the report, and the notice of appeal. It does not contain any evidence given on the trial. The complaint alleges that, at divers times, between 9th September, 1856, and 5th December, 1851, Benjamin Frazee,…
1Opinion of the CourtPierrepont, J.
—It must be assumed that the facts are found in accordance with the evidence. The conclusions of law are supported by authority so far as relates to the facts stated in the fifth finding. (Raymond v. Reamard, 12 J. R. 274.)
As the suit was to recover the moneys which the plaintiff had paid and advanced to the defendant at his request, and as he, the defendant, was credited with all to which he had any title, the judgment must be affirmed, with costs.
Hoffman, J.
—It is insisted on behalf of the respondent (the plaintiff,) that we cannot hear this appeal at all; that the record does not entitle…
2Cases cited2 opinions
- Weston v. BarkerNew York Supreme Court · 1815
- Smith v. . GrantNew York Court of Appeals · 1857
3Cited by3 opinions
- Chatfield v. WilliamsCalifornia Supreme Court · 1890
- People ex rel. Vickerman v. Contracting BoardNew York Supreme Court · 1865
- Dainese v. AllenThe Superior Court of New York City · 1873