Matter of Froment
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court.in the second judicial department, entered December 29, 1905, which reversed an order of Special Term confirming the report of a referee in a proceeding to establish a lien upon a vessel under section 3419 et seq. of the Code of Civil Procedure and dismissed the proceeding.
1Opinion of the CourtWerner, J.
The learned Appellate Division not only reversed the order made at Special Term, but dismissed the petitioner’s proceedings instead of granting a new trial. This, we think, was error, which requires a modification of the order appealed from to the extent of directing that a new trial be had. The learned court below obviously based its decision upon the findings of the referee, to the effect that all but two of the twenty items of materials comprehended within the claim upon which the petitioners assert their right to a lien were barred by the period of limitation fixed by the statute, and…
2Cited by2 opinions
- In re FromentAppellate Division of the Supreme Court of the State of New York · 1908
- Matter of FromentNew York Court of Appeals · 1906