Goodyear v. Brooks
The Superior Court of New York City
Appeal from an order of reference. This action was brought by Charles, George, and George W. Goodyear and Henry Durand, against Edwin A. Brooks, and ten other defendants.
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Appeal from an order of reference. This action was brought by Charles, George, and George W. Goodyear and Henry Durand, against Edwin A. Brooks, and ten other defendants. The action was brought to foreclose two chattel mortgages, alleged to have been given by the defendant Brooks to the plaintiffs, to secure a large sum of money alleged to be due to the plaintiffs, part of it from the defendant Brooks, and part of it from the firm of Church & Brooks, which consisted of the defendant Church and the defendant Brooks. A judgment for a deficiency was only asked against both- of these defendants.…
1Opinion of the Court
By the Court*—Robertson, Ch. J.
The necessity of deciding difficult questions “ in the investigation ” is expressly excepted from the grant of authority to courts to direct references of all the issues in an action to a referee to be tried, in case their trial requires the examination of a long account (Code, § 271).
The grant itself is, at most, permissive, not peremptory, and evidently intended more for the benefit of the court, than as a right of the parties, since it is allowed to exercise the power on its own motion. The questions of law which may be so required to be decided, are not…
2Cases cited5 opinions
- Doane v. EddyNew York Supreme Court · 1837
- Hawkins v. AveryNew York Supreme Court · 1860
- Powell v. FinchThe Superior Court of New York City · 1856
- Dutcher v. WilgusNew York Supreme Court · 1846
- Graham v. GoldingNew York Supreme Court · 1852