Churchill v. Coyne
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Thomas W. Churchill against Thomas J. Coyne, individually and as executor of and trustee under the last will and testament of Mary Coyne, deceased, and others. From a judgment for plaintiff, defendants appeal. Reversed and remanded.
1Opinion of the CourtHendrick, J.
The action is brought to recover for services rendered by plaintiff as a referee appointed in an action in the Supreme *994Court. . Plaintiff framed his complaint and the case was tried on the theory that he was entitled to recover for the reasonable value of his services. This is error.
The fees of a referee in an action or special proceeding are regulated by section 3296 of the Code of Civil Procedure, and are limited to $10 for each day necessarily spent in the business of the reference, unless a stipulation in excess of that sum is entered into. The stipulation must be in writing and must fix…
2Cases cited5 opinions
- Bush v. ColerNew York Supreme Court · 1898
- Finkel v. KohnNew York Supreme Court · 1898
- In re the Assignment of Bieber & GreenwaldNew York Supreme Court · 1901
- New York Mutual Savings & Loan Ass'n v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Accounting of PiattiNew York Supreme Court · 1899