Coston v. Morris

New York Supreme Court

Coston v. Morris

4 N.Y.S. 89, 21 N.Y. St. Rep. 967, 51 Hun 643, 1889 N.Y. Misc. LEXIS 205

DecidedFebruary 11, 1889

StatusPublished

This text of 4 N.Y.S. 89 (Coston v. Morris) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coston v. Morris, 4 N.Y.S. 89, 21 N.Y. St. Rep. 967, 51 Hun 643, 1889 N.Y. Misc. LEXIS 205 (N.Y. Super. Ct. 1889).

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Opinion

Pratt, J.

The decision of the referee was as favorable to defendant as the case permitted. The price of goods was adopted in accordance with trie written estimate, and not according to the inflated valuation of the plaintiff. It is not denied that plaintiff attended the trials of the gun at defendant’s request, and it is not claimed that there was any agreement that the services should be gratuitous. No different value was suggested for that service than the one testified to by plaintiff, which we cannot say was exorbitant. The reference was assented to by defendant as a condition of postponement of the trial, and the order thereupon made was regular. Judgment affirmed, with costs. All concur.

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Pratt, J.

The decision of the referee was as favorable to defendant as the case permitted. The price of goods was adopted in accordance with trie written estimate, and not according to the inflated valuation of the plaintiff. It is not denied that plaintiff attended the trials of the gun at defendant’s request, and it is not claimed that there was any agreement that the services should be gratuitous. No different value was suggested for that service than the one testified to by plaintiff, which we cannot say was exorbitant. The reference was assented to by defendant as a condition of postponement of the trial, and the order thereupon made was regular. Judgment affirmed, with costs. All concur.

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Bluebook (online)

4 N.Y.S. 89, 21 N.Y. St. Rep. 967, 51 Hun 643, 1889 N.Y. Misc. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coston-v-morris-nysupct-1889.