White v. Story
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The case originated in an order of reference entered upon an agreement, dated November 4th, 1862, (approved by the surrogate,) to refer to Philo T. Buggies, Esq. a matter in controversy,' arising out of a claim presented to the defendant, as administrator of Maria J. Boerum, deceased, under the provisions of 2 R. S. 88, § 36. There were no pleadings, and the claim was for the “amount of a bill, as per contract, for…
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APPEAL from a judgment entered upon the report of a referee. The case originated in an order of reference entered upon an agreement, dated November 4th, 1862, (approved by the surrogate,) to refer to Philo T. Buggies, Esq. a matter in controversy,' arising out of a claim presented to the defendant, as administrator of Maria J. Boerum, deceased, under the provisions of 2 R. S. 88, § 36. There were no pleadings, and the claim was for the “amount of a bill, as per contract, for wedding party, four hundred and eighty-nine dollars and thirty-seven cents” and interest. The cause was tried before…
1Opinion of the CourtBarnard, J.
This appeal presents two questions: First. Is the claim made against the administrator one which could be referred under title 3, part 2, chapter 6, section 34 of the revised statutes? The statute is véry comprehensive; it authorizes the reference to be made of any disputed “claim” against the estate of any deceased person. It does not exclude equitable claims. It does not limit the reference to legal claims. The supreme court, at general term in the second district, have decided in an important case, (Ackemon v. Congdon, ex’r &c. of Ackemon, deceased.that the power to refer under this…
2Cases cited1 opinion
- Yale v. . DedererNew York Court of Appeals · 1860
3Cited by7 opinions
- Porterfield v. ButlerMississippi Supreme Court · 1872
- Cavin v. City of BrooklynNew York Court of Appeals · 1890
- Coakley v. ChamberlainThe Superior Court of New York City · 1869
- Wood v. SancheyNew York Court of Common Pleas · 1870
- Baken v. HarderNew York Supreme Court · 1875
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