Pinkernelli v. Bischoff
New York Supreme Court
Motion for confirmation of referee’s report and for costs. This action was brought against the defendant as executor, to recover the sum of $440.65 for board and necessaries furnished to his testatrix, a married woman. The executor refused to pay the claim because he considered it exorbitant. The case was sent to a referee, who reported only $242 due.
1Opinion of the CourtBrady, J.
In this case no exceptions were filed or taken to the referee’s report. There is little doubt of the justice of the referee’s conclusions. The only question which appears to be litigated here is that in reference to costs. The claim herein was not unreasonably resisted. It was properly contested, and it was reduced. The plaintiff is duly entitled to recover, therefore, only the fees of the referee and necessary disbursements to be taxed (Code, § 317).
Ordered accordingly, and that the report be confirmed.
2Cited by1 opinion
- Overheiser v. MorehouseNew York Supreme Court · 1885