Majority
p. 666Spooner v. Lefevre, appellant.
Headnote
Reference—findings of fact by referee — items of account.In an action where the parties had mutual claims against each other on account, the referee made a general finding in favor of the plaintiff, but gave no items of account. Held, that the referee should have required the parties to present their accounts in the form of debtor and creditor, and should, in his findings, have stated the items allowed distinctly. Ketchum v. Olark, 32 Barb. 319 ; Code, § 272.
Every judgment rendered by a referee should rest upon facts warranting it. distinctly and explicitly found and stated. Buckingham v. Payne, 36 Barb. 81 ; Armstrong v. Bricknell, 2 Bans. 221; Smith, v. Denier, 23 N. T. 365.
Appeal from, a judgment in favor of the plaintiff, entered upon the report of a referee.
John T. Pingree, for appellant.
II. V. Hoioland, for respondent.
The opinion is mainly devoted to a consideration of the evidence. The head-note contains the only points- of importance passed upon, and it is not believed necessary to give the opinion in full.
New trial granted.
Cases cited
- Buckingham v. Payne 36 Barb. 81 p. 666