Lee v. Tillotson
New York Supreme Court
Motion to set aside a report of referees. The action was assumpsit on an agreement in writing, dated January 1, 1825, signed by the parties, by which the defendant, among other things, agreed to furnish 6000 hides annually, for five years, at the Howard factory, Warwarsink, which the plaintiff agreed to tan in the best manner that the nature of the hides would admit of, and to transport them to the city of Hew-York.
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Motion to set aside a report of referees. The action was assumpsit on an agreement in writing, dated January 1, 1825, signed by the parties, by which the defendant, among other things, agreed to furnish 6000 hides annually, for five years, at the Howard factory, Warwarsink, which the plaintiff agreed to tan in the best manner that the nature of the hides would admit of, and to transport them to the city of Hew-York. The defendant was to allow three cents per pound for the tanning and transportation, and furnish wood, lime, salts, &c. and keep the factory in repair. The plaintiff, in…
1Opinion of the Court
*338 By the Court,
Cowen, J.
It was agreed by the counsel for the defendant that the referees had no power to inquire of damages for breach of the special agreement, that not being matter of account within the 2 R. S. 305. 2d ed. § 40; The trial would obviously require the examination of a long account ; and then the statute in terms authorizes the court to refer the cause, that is to say, the whole matter. Such has been the uniform practice. On the cause going down, every thing inquirable into on a trial should be heard and decided by the referees ; otherwise, a reference must be withheld on its…
2Cited by64 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
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