Allard v. Mouchon

Decided April 15, 1800

New York Supreme Court · decided 1800-04-15

This case had been submitted to referees, who reported in favor of the defendant, A motion was now made to set aside the report, on the ground, of mistake of the referees, as to the principal, facts in evidence, and the law arising upon them. The case presented a mass of testimony, which was discussed at much length, but is unnecessary to- be detailed here, in regard to the ground on which the opinion Of the- court was founded. :

Decided 1800-04-15

Per Curiam.

¶1The facts: in this case are intricate, and *337there exists so much doubt and obscurity on the subject, that there is reason to apprehend that the referees did not possess all the lights which may now be afforded them, and which may lead to a more satisfactory result. We therefore think the case ought to be reviewed, and direct, that the report be set aside, in order to re-examine the merits.(a)

¶2Rule granted.

¶3Gra. Prac. 2d ed. 577, 578, and references for a general statement of the grounds upon which a report of referees will be set aside.