Reynolds v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal from court of common pleas, special term. Action by Wiliam J. Reynolds against the mayor, aldermen, and commonalty of the city of New York, Joseph Moore, and the Mt. Morris Bank, to foreclose a mechanic’s lieu, originally brought in the court of common pleas of the city and county of New York.
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Appeal from court of common pleas, special term. Action by Wiliam J. Reynolds against the mayor, aldermen, and commonalty of the city of New York, Joseph Moore, and the Mt. Morris Bank, to foreclose a mechanic’s lieu, originally brought in the court of common pleas of the city and county of New York. An order denying a motion to set aside the report of the referee for misconduct was entered June 3," 1895, and an appeal therefrom was taken to the general term of the court of common pleas, and was argued at the November term following, before Judges Bischoff and Pryor. The judges failed to…
1Opinion of the CourtBarrett, J.
—The discussion at special term was solely upon the question whether the referee had been proved guilty of corruption uby very clear and convincing proof.” The learned judge examined the facts carefully, and came to the just conclusion that the case on that head had not been made out. The error consisted in limiting the consideration of the facts to this charge. The real question here was not whether the referee was guilty of actual corruption but whether the fairness of his decision was justly questioned. It is the settled law of this state that any indiscreet action of a referee, from which…
2Cases cited3 opinions
- Leonard v. . MulryNew York Court of Appeals · 1883
- Yale v. Gwinits & CaslerNew York Supreme Court · 1849
- Clews v. BainbridgeNew York Supreme Court · 1873