Goldberg v. Green

In an action in the nature of a stockholder’s derivative action, the interlocutory judgment determined the liability of appellant Green and one Kornberg and referred the matter to an official referee to take proof, state the accounts and report, with his opinion, to the court. The official referee filed his report, but it was not accompanied by the minutes of the testimony taken before him. The respondent moved for confirmation of the report. The motion was opposed by appellant, but he did not specifically raise the objection that the testimony had not been filed by the referee. The Special…