Townsend v. Peyser
New York Court of Common Pleas
Randolph W. Townsend sued Sigmund M. Peyser and others for professional services. The cause was referred ; and after some sixty sessions the referee reported in favor of the plaintiff. On adjustment of costs the referee’s fees were allowed at five dollars a day, on the ground of an alleged agreement made between the parties to this effect, which, however, was contradicted. The plaintiff appealed from the judgment, in so far as it was in favor of one of the defendants.
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Randolph W. Townsend sued Sigmund M. Peyser and others for professional services. The cause was referred ; and after some sixty sessions the referee reported in favor of the plaintiff. On adjustment of costs the referee’s fees were allowed at five dollars a day, on the ground of an alleged agreement made between the parties to this effect, which, however, was contradicted. The plaintiff appealed from the judgment, in so far as it was in favor of one of the defendants. There was also an appeal from the order as to costs.
1Opinion of the Court
By the Court.—Loew, J.
[After reviewing the evidence, and holding that judgment must be reversed because unsupported by evidence.]—In the absence of an agreement in writing, fixing a different compensa*325tion, a referee cannot lawfully claim more than three dollars for every day personally spent by him in the business of the reference (Code, § 313; Watson v. Gardner, MSS., Ct. of App.; Shultz v. Whitney, 9 Abb. Pr., 71).
In his affidavit the referee states that before the trial of the action was commenced before him, he informed the parties to it that his fees on the reference would be five…
2Cases cited2 opinions
- Shultz v. WhitneyNew York Court of Common Pleas · 1859
- Philbin v. PatrickThe Superior Court of New York City · 1861