In Romeyn v. Sickles (108 N.Y. 650), a case largely relied upon by the appellant, the referee, it is said, "decided the law upon a cause of action not stated in the pleadings, or established, as we think, by the evidence."Summary of this case from Van Fleet v. New Era Construction Co.
Argued January 26, 1888
Decided February 28, 1888
Edward W. Paige for appellant.
Theron G. Strong for respondent.
RUGER, Ch. J., reads for reversal and new trial.
All concur except ANDREWS, J., not voting.