Proctor v. Soulier
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick F. Proctor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 26th day of November, 1895, upon the report of a referee; also from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 26th day of November, 1895, granting the defendant an extra allowance.
1Opinion of the Court
Putnam, J.:
This action was brought to dissolve the partnership existing between the parties and for an accounting. The issues were by consent referred, and a trial was commenced before the referee. After several hearings had been had the complaint was dismissed by the consent of the plaintiff, he, however, insisting that costs should not .be allowed to the defendant. The referee, however, awarded costs, and also made a certificate that the .case was a difficult and extraordinary one. Afterwards, on motion of the defendant, an order was. granted by the court below awarding him an allowance of…
2Cases cited4 opinions
- Lake v. TysenNew York Court of Appeals · 1852
- Weaver v. . ElyNew York Court of Appeals · 1880
- Adams v. . ArkenburghNew York Court of Appeals · 1887
- Wilber v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Weidenfeld v. ByrneAppellate Division of the Supreme Court of the State of New York · 1906
- Brewster v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1898
- Proctor v. SoulierAppellate Division of the Supreme Court of the State of New York · 1896
- Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1904