First National Bank v. . Tamajo
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term which denied a motion on behalf of defendants to readjust the costs herein. (Mem. of decision below, 17 Hun, 241.) The item in question was the referee’s fees. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term which denied a motion on behalf of defendants to readjust the costs herein. (Mem. of decision below, 17 Hun, 241.) The item in question was the referee’s fees. The facts appear sufficiently in the opinion. Yerbal or oral stipulations made in open court during the trial of a case will be enforced by the courts if they relate to the proceedings in the case and are acted upon before revocation. (Jewett v. Albany City Bank, Clarke’s Ch. [Moak’s ed.], 247; Banks v. Am.…
1Opinion of the CourtAndrews, J.
The statute fixes the compensation of referees at three dollars for each day spent in the business of the reference, but permits the parties to “ agree in writing upon any other rate of compensation.” (Code, § 313.)
It appears from the affidavits that, at the commencement of the hearing before the referee and before any evidence was taken, the referee, in the presence of the attorneys for the parties, alluded to the subject of his compensation, and that thereupon the parties agreed orally that they would leave it to the referee to say what his compensation should be, and to fix what he deemed…
2Cited by19 opinions
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
- Harry v. HiltonNew York Court of Common Pleas · 1882
- Griggs v. . DayNew York Court of Appeals · 1892
- Griggs v. GuinnNew York Supreme Court · 1892
14 more not listed; retrieve them via the Exa API.