Wilson v. Sandall

Decision Date26 August 1920
Docket NumberNo. 43/694.,43/694.
Citation111 A. 322
PartiesWILSON et al. v. SANDALL.
CourtNew Jersey Court of Chancery

Bill by George Wilson and others, trading as the United Tin Trading Company, against Marion E. Sandall. On exceptions to master's report. Exceptions overruled.

Lewis Fisher, of Newark, for exceptant.

Norman Grey, of Camden, for respondeut.

BACKES, V. C. The master's findings are sustained by the evidence. There was sharp conflict in the testimony on the question of percentage the defendant was entitled to for compensation, so-called expert testimony. The master had first-hand opportunity to value and weigh it, and as well that of defendant, which was not at all times attuned to frankness. The master's resolve in favor of the complainants' contention is not to be disturbed, unless he erred in matter of law or, plainly, as to the facts. Izard v. Bodine, 9 N. J. Eq. 309; Haulenbeck v. Cronkright, 23 N. J. Eq. 407; Eckerson v. McCulloh, 1 Atl. 700; Blauvelt v. Ackerman, 23 N. J. Eq. 495; Warner v. Hill, 74 Atl. 973; Bagley & Sewall Co. v. Traders' Paper Board Co., 86 Atl. 1029.

As I find no error, the exceptions will be overruled, with costs.

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9 cases
  • Oliver v. Autographic Register Co.
    • United States
    • New Jersey Court of Chancery
    • July 25, 1939
    ...21 N.J.Eq. 322; Van Ness v. Van Ness, 32 N.J.Eq. 669; Haulenbeck v. Cronkright, 23 N.J.Eq. 407, affirmed 25 N.J.Eq. 513; Wilson v. Sandall, 92 N.J.Eq. 130, 111 A. 322; affirmed, 92 N.J.Eq. 463, 113 A. 927; unless it clearly and satisfactorily appears that the master erred in reaching them, ......
  • Zanzonico v. Zanzonico
    • United States
    • New Jersey Court of Chancery
    • November 30, 1938
    ...findings of fact are not to be disturbed unless he erred in matter of law or, plainly, as to the facts. Wilson v. Sandall, 92 N.J.Eq. 130, 111 A. 322, affirmed 92 N.J.Eq. 463, 113 A. 927. His findings of fact are sustained by the The remaining exceptions are the fourteenth and fifteenth. Th......
  • Peoples Trust & Guar. Co. of Hackensack v. Genden
    • United States
    • New Jersey Court of Chancery
    • January 7, 1936
    ...N.J. Eq. 322; Van Ness v. Van Ness, 32 N. J.Eq. 669; Haulenbeck v. Cronkright, 23 N.J.Eq. 407; affirmed 25 N.J.Eq. 513; Wilson v. Sandall, 92 N.J.Eq. 130, 111 A. 322, affirmed 92 N.J.Eq. 463, 113 A. From the undisputed evidence adduced, it clearly appears that Foyer, after having deposited ......
  • In re Herrmann's Estate
    • United States
    • New Jersey Supreme Court
    • May 11, 1939
    ...sustained by the evidence. Finding no error, the exceptions to the master's report will be overruled, with costs. Wilson v. Sandall, 92 N.J.Eq. 130, 111 A. 322, affirmed 92 N.J.Eq. 463, 113 A. 927; Zanzonico v. Zanzonico, 124 N.J.Eq. 477, 2 A.2d ...
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