Tyng v. . Commercial Warehouse Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and directing a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and directing a new trial. The complaint alleged in substance that, on the 5th of May, 1868, plaintiff borrowed of defendant $25,250, in currency, for ninety days, upon an agreement that defendant should pay for such loan one-half per cent per month in currency, together with interest at the rate of seven per cent per annum ; that gold was then at thirty-nine and one-quarter per cent premium in the market; that thereupon…
1Opinion of the CourtJohnson, J.
The plaintiff had judgment on the report of the referee. At General Term this judgment was reversed and a new trial ordered, upon a question of law only, as we are bound to hold; the reversal not appearing, by the judgment, to have been granted on the facts. The inquiry before us is, therefore, whether the referee gave judgment contrary to the law. Ho question appears to have been made during the trial in respect to the production of evidence founded on any notion of variance or insufficiency of allegation on the part of the plaintiff. Had any such objection been made it might have been…
2Cases cited5 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Merchants Exchange National Bank v. Commercial Warehouse Co.New York Court of Appeals · 1872
- Catlin v. . GunterNew York Court of Appeals · 1854
- Browne v. . VredenburghNew York Court of Appeals · 1870
3Cited by23 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Dows v. . KidderNew York Court of Appeals · 1881
- Wasatch Mining Co. v. Crescent Mining Co.Supreme Court of the United States · 1893
- Walley v. Deseret National BankUtah Supreme Court · 1896
- Wechselberg v. Flour City Nat. BankCourt of Appeals for the Seventh Circuit · 1894
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