Schweizer v. Raymond
New York Supreme Court
Motion by defendant to open a judgment entered on the report of a referee, and for a new trial. The action was brought, Christoph Schweizer against Alonzo B. Raymond and A. Clayton Raymond, to recover the freight on a cargo of beans carried on the deck of a canal-boat from Albion and Brockport to New York. By the express agreement of shippers (the defendants) and the carrier, the beans were to be carried on deck.
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Motion by defendant to open a judgment entered on the report of a referee, and for a new trial. The action was brought, Christoph Schweizer against Alonzo B. Raymond and A. Clayton Raymond, to recover the freight on a cargo of beans carried on the deck of a canal-boat from Albion and Brockport to New York. By the express agreement of shippers (the defendants) and the carrier, the beans were to be carried on deck. The plaintiff (the carrier) agreed to furnish the lumber to cover the cargo, and the defendants to see to the covering with the captain, plaintiff’s employee. Plaintiff supplied what…
1Opinion of the CourtBarker, J.
This court is without power to grant the relief asked for by the defendants.
The court, at special term, cannot correct errors *380committed by the referee on the trial, nor does the moving party ask that.
Unless the judgment entered on the report of the referee is opened and set aside, the defendants cannot-be relieved from the predicament in which they conceive themselves to be, arising out of their own mistake and misapprehension.
The judgment was entered, of which the defendant had due notice more than one year prior to making this motion. The application is, therefore, out of time. Had the…
2Cases cited3 opinions
- Gelston v. CodwiseNew York Court of Chancery · 1814
- Lyon v. MerrittNew York Court of Chancery · 1837
- Utica Insurance v. LynchNew York Court of Chancery · 1848