Joslin v. Capron

New York Supreme Court

Joslin v. Capron

33 N.Y. Sup. Ct. 244

DecidedJanuary 15, 1882

StatusPublished

This text of 33 N.Y. Sup. Ct. 244 (Joslin v. Capron) 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

Joslin v. Capron, 33 N.Y. Sup. Ct. 244 (N.Y. Super. Ct. 1882).

Pincite

Opinion

Judgment reversed, and new trial ordered, costs to abide event, order of reference vacated. Held, that the referee erred in deciding as matter of law upon the facts found by him, that the settlement of December, 1866, was an accord and satisfaction of the plaintiff’s claim in suit, and that so far as it is to be implied from his report that he found that the parties to such settlement intended to include therein the claim in suit, such finding is against the weight of evidence.

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Judgment reversed, and new trial ordered, costs to abide event, order of reference vacated. Held, that the referee erred in deciding as matter of law upon the facts found by him, that the settlement of December, 1866, was an accord and satisfaction of the plaintiff’s claim in suit, and that so far as it is to be implied from his report that he found that the parties to such settlement intended to include therein the claim in suit, such finding is against the weight of evidence.

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Bluebook (online)

33 N.Y. Sup. Ct. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joslin-v-capron-nysupct-1882.