
    Sarah M. Joslin, Appellant, v. James H. Capron, Respondent.
   Judgment reversed, and new trial ordered, costs to abide event, order of reference vacated. Held, that the referee erred in deciding as matter of law upon the facts found by him, that the settlement of December, 1866, was an accord and satisfaction of the plaintiff’s claim in suit, and that so far as it is to be implied from his report that he found that the parties to such settlement intended to include therein the claim in suit, such finding is against the weight of evidence.  