Porter v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the fourth judicial department, entered upon an order made January 29, 1885, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below. 35 Hun, 118.) This action was brought to recover an alleged over-payment by which defendants contracted to sell and plaintiffs to purchase 10,000 tons of coal.
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Appeal from judgment of the General Term of the Supreme 'Court in the fourth judicial department, entered upon an order made January 29, 1885, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below. 35 Hun, 118.) This action was brought to recover an alleged over-payment by which defendants contracted to sell and plaintiffs to purchase 10,000 tons of coal. A disputed question of fact on the trial was as to the price agreed to be paid. The referee found, as ,a fact, that plaintiffs’ claim was correct. The judgment of affirmance contains this…
1Opinion of the CourtFinch, J.
The General Term refused to review the questions of fact sought to be argued by the appellants, upon the .ground that the case as made did not contain a statement that all the evidence given upon the trial was set forth within it; and the correctness of such ruling presents the sole question on this appeal. The necessity of the certificate has been asserted several times in the Supreme Court (Spence v. Chambers, 39 Hun, 193; Howland v. Howland, 20 Hun, 472), and has been justified upon the ground of the changed practice under the new Code, which forbids exceptions to findings of fact. (§…
2Cases cited1 opinion
- Perkins v. . HillNew York Court of Appeals · 1874
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- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
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