Healy v. Gilman
The Superior Court of New York City
This action was brought in the year 1855, to recover $22,226.99, alleged to be due from the defendant to the firm of N. Gilman & Son, under whom the plaintiffs claimed. The trial of the issues requiring the examination, of a long account, in November, 1855, on the plaintiffs’ motion, the cause was referred to a referee to hear and determine.
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This action was brought in the year 1855, to recover $22,226.99, alleged to be due from the defendant to the firm of N. Gilman & Son, under whom the plaintiffs claimed. The trial of the issues requiring the examination, of a long account, in November, 1855, on the plaintiffs’ motion, the cause was referred to a referee to hear and determine. In May, 1856, the referee reported in favor of the plaintiffs for $23,792.21. On his report, judgment being entered, the defendant appealed to the general term, and in May, 1857, a new trial was ordered. (See reasons stated in 1 Bosw. 235.) The trial was…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The order of reference of all the issues in this action to three referees was made on the written consent of both parties annexed to the original draft of such order. Cotemp oran eously with such consent, before the entry of such order, the parties themselves and their attorneys signed an agreement or stipulation in writing prescribing and limiting the testimony to be introduced before, and received by such referees, the time when their report should be rendered, and the finality of the report so to be rendered; and also providing for entering a judg*493ment upon…
2Cases cited9 opinions
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
- Green v. PatchinNew York Supreme Court · 1835
- Townsend v. . the Masterson, C., Stone Dressing Co.New York Court of Appeals · 1857
- Merritt v. . ThompsonNew York Court of Appeals · 1863
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