Rodney v. Warrington

Decided July 1, 1855

Superior Court of Delaware · decided 1855-07-01

Rule to set aside the report of referees on a rule of reference out of Court. The evidence before the referees was that the parties had had frequent dealings prior to the year 1847, when Robert Burton, the deceased, paid Warrington eighty dollars and gave him his bond for nine . hundred dollars, which was afterwards paid by him.

Decided 1855-07-01

By the Court:

¶1We are satisfied that the evidence before the referees clearly established the payment of the eighty *149dollars by Burton, the deceased, to Warrington, the plaintiff in the action referred, although it is not clear that there was a settlement of the accounts between them at that time; and the conclusion to which the Court has come is this,—to set aside the report, unless the plaintiff Will now consent to enter a credit for that sum with interest from the date of its payment, but if he consents to do so, to confirm the report.

E. D. Cullen, for plaintiff.C. S. Layton, for defendant.

¶2The plaintiff consented, and after deducting the credit the report was affirmed.