Muldoon v. Blackwell

The Superior Court of New York City

Muldoon v. Blackwell

13 Jones & S. 635

The Superior Court of New York City·Decided December 1, 1879·Published

Opinion

Curtis, Ch. J.

The action is for goods sold and work and labor done. The answer sets up failure to perform, and matters by way of recoupment. Upon the close of plaintiffs’ case, it was submitted to the [636] referee, who found for the plaintiffs. The evidence appears to sustain the findings of fact presented in the report of the referee. The exceptions of the defendants are not sufficient to call for a new trial.

The judgment appealed from should be affirmed with costs.

Freedman, J., concurred.

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Curtis, Ch. J.

The action is for goods sold and work and labor done. The answer sets up failure to perform, and matters by way of recoupment. Upon the close of plaintiffs’ case, it was submitted to the [636] referee, who found for the plaintiffs. The evidence appears to sustain the findings of fact presented in the report of the referee. The exceptions of the defendants are not sufficient to call for a new trial.

The judgment appealed from should be affirmed with costs.

Freedman, J., concurred.

Muldoon v. Blackwell, 13 Jones & S. 635 (N.Y. Super. Ct. 1879).

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13 Jones & S. 635 (Muldoon v. Blackwell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.