New York Supreme Court October 15, 1859 (Rae v. Lawser)

Sutherland, Justice.

Upon the question of fact referred to the referee to take proofs upon, whether the sum of $700, or any other sum, was paid by Lawser upon the notes, to secure Rae’s liability upon which the judgment was in part confessed, it is probable, on the proofs before him, the referee came to' a correct conclusion, that as between Rae and Lawser, the parties to the judgment sought to