Buckingham v. . Dickinson
New York Court of Appeals
This was an action tried by a referee, who reported in favor of plaintiff. On appeal to the General Term from the judgment entered on such report, the same was reversed and new trial granted. The order did not state the grounds of reversal. The plaintiff appealed to the Court of Appeals.
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This was an action tried by a referee, who reported in favor of plaintiff. On appeal to the General Term from the judgment entered on such report, the same was reversed and new trial granted. The order did not state the grounds of reversal. The plaintiff appealed to the Court of Appeals. After the appeal, upon motionjthe order was amended by adding thereto that the reason or ground of such reversal was that it appeared to the court “ that the report of the referee is against the weight of evidence as to the -terms of the contract, which limited the amount of plaintiff’s charge.” One only of…
1Opinion of the Court
Lott, Ch. C.,
reads for affirmance.
Reynolds, C.,
reads for reversal.
All concur for affirmance, except Reynolds, C., dissenting. Order affirmed and judgment absolute against plaintiff.
2Cited by4 opinions
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