Van Slyke v. Hyatt

Decided September 15, 1870

New York Supreme Court · decided 1870-09-15

This action was brought by John K. Yan Slyke, plaintiff and appellant, against Thaddeus. Hyatt. The plaintiff claimed, as assignee of one Charles K. Covert, to recover from the defendant money lent, notes lent or advanced, money received to the use of Covert, and goods sold. The defendant in his answer denied any indebtedness to the plaintiff, and denied that he had been indebted to Covert, the assignor, and for a further defense claimed a set-off against Covert.

Cited by 1 later decisions — most recently August 1879

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-09-15

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By the Court.* Ingraham, P. J. (orally).

¶1We do not think that the motion made in this case was the proper one. It is not the proper practice to set aside the report of a referee at chambers upon such a ground as this. The plaintiff should have moved to have the referee make a further report. There is no irregularity in this report, and the order denying a motion to set it aside for an irregularity, was proper.

¶2If farther or more specific findings are necessary in such a case, the motion should be to send the case back to the referee for a further finding.

¶3The order appealed from was right; and must be affirmed with costs.

¶4Present, Ingraham, P. J. and Cardozo, J. In this case George G. Barnard, J., having made the order appealed from, did not sit.