Perkins v. Taylor
The Superior Court of New York City
This was a motion by one of the defendants (Taylor) to compel the plaintiff, who had been appointed in this action receiver of the partnership effects of a firm, whereof the parties to this action were members, as such receiver to pay the fees of a referee for taking an account therein underran order of the court. The action was brought by John Perkins against Joseph W. Taylor and others.
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This was a motion by one of the defendants (Taylor) to compel the plaintiff, who had been appointed in this action receiver of the partnership effects of a firm, whereof the parties to this action were members, as such receiver to pay the fees of a referee for taking an account therein underran order of the court. The action was brought by John Perkins against Joseph W. Taylor and others. The firm of the parties was known as Taylor, Perkins & Go., and this action was brought to wind up .its affairs. The order of reference in the cause required the referee to try all the issues in the action,…
1Opinion of the CourtRobertson, J.
It does not appear that the referee is a party to the present motion ; if he were, it could hardly be maintained that he could apply for process of contempt against the plaintiff to compel him to pay his fees. His protection lay in re*149fusing a reference, if the parties or their attorneys were not able to pay them, or in enforcing payment by action if they were. It is also very doubtful how far he has a right to split up an order of reference to him into several subjects, and report separately upon each, without an express direction to that effect contained therein, so as upon one branch of it…
2Cited by4 opinions
- Geib v. . ToppingNew York Court of Appeals · 1880
- Fischer v. . RaabNew York Court of Appeals · 1880
- Carter v. Builders' Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- In re KrausNew York Surrogate's Court · 1885