Excelsior Petroleum Co. v. Lacy
New York Supreme Court
Appeal by plaintiff from an order at the special term denying a motion that the referee should make certain findings. The action was brought by plaintiff against Maggie B. Lacy, executrix, etc., of Erederick Lacy, deceased, and others, to recover dividends alleged to have been illegally paid out of the capital of plaintiff. The material facts in relation to the motion mentioned, fully appear in the opinion.
1Opinion of the CourtDavis, P. J.
This case was tried before a referee, who reported in favor of the defendants. The plaintiffs made a case with exceptions, and, on the settlement of the same, proposed to the referee a large number of findings -in addition to those contained in his report. The referee passed upon all of the proposed findings, allowing several of them, and declining to allow the others. ’ At the foot of each of the requests which the referee did not find as requested, the case states that “ the referee declined so to find, and to such declination appellant duly excepted.” The plaintiff thereupon moved, at…
2Cases cited7 opinions
- Grant v. . MorseNew York Court of Appeals · 1860
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Lefler v. FieldNew York Supreme Court · 1868
- Lefler v. . FieldNew York Court of Appeals · 1872
- Manley v. President & Directors of the Insurance Co. of North AmericaNew York Supreme Court · 1869
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