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Avery v. Foley

11 N.Y. Sup. Ct. 415 Court N.Y. Sup. Ct. English

Delivered by Gilbert, J.

Contents

Majority

p. 415
DANIEL AVERY, Administrator, etc., Appellant, v. MALACHI FOLEY, Respondent.

Headnote

Referee.
Ho exception lies to the refusal of a referee to find the particulars which go to make up his general conclusions of fact.
It is erroneous for a referee to find the evidence of facts instead of the facts themselves. (Beck v. Sheldon, 48 N. Y., 369 .)
p. 416
Appeal from a judgment in favor of the defendant, entered upon the report of a referee. ^ •
H. A. Maynard, for the appellant.
James Lyon, for the respondent.

Opinion by

Judgment reversed and new trial granted before another referee, costs to abide event.