Goodyear v. Brooks
The Superior Court of New York City
Appeal from a order directing a reference of this cause. The action was brought by Charles, George and George W. Goodyear and Henry Durand, against Edwin A. Brooks and ten other defendants, to foreclose two chattel mortgages, given "by the defendant Brooks to the plaintiffs, to secure the payment of a sum of money claimed to be due to the plaintiffs, a part of it from Brooks, and a part of it from the ■ firm of Church & Brooks.
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Appeal from a order directing a reference of this cause. The action was brought by Charles, George and George W. Goodyear and Henry Durand, against Edwin A. Brooks and ten other defendants, to foreclose two chattel mortgages, given "by the defendant Brooks to the plaintiffs, to secure the payment of a sum of money claimed to be due to the plaintiffs, a part of it from Brooks, and a part of it from the ■ firm of Church & Brooks. A judgment for a deficiency was only asked for against Church & Brooks. The only defendants who appeared and answered were judgment creditors of the mortgagor, Brooks,…
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. {Oode, § 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 cited6 opinions
- Doane v. EddyNew York Supreme Court · 1837
- Cameron v. FreemanNew York Supreme Court · 1859
- Hawkins v. AveryNew York Supreme Court · 1860
- Powell v. FinchThe Superior Court of New York City · 1856
- Dutcher v. WilgusNew York Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869