Legal Opinion

Butterly v. Deering

New York Supreme Court

Decided September 15, 1910PublishedCited by 2 opinions

Motion to require referee to deliver up case as settled without further compensation.

1Opinion of the CourtPutnam, J.

The right of a referee who has been paid for making bis report to further compensation for settling *76a case appears not to have before been judicially considered. The present instance is exceptional. Defendant made a proposed case, to which plaintiff submitted 1,615 amendments, out of which 1,163 had to he passed upon by the referee, in which there were repeated hearings of counsel. Of these, 126 amendments were not disposed of merely by allowance or disallowance, but, in the referee’s opinion, had to be modified by him so as fairly to represent the facts.

The appellant now moves to require the…

2Cases cited3 opinions

  1. Leonard v. . MulryNew York Court of Appeals · 1883
  2. Mead v. . TuckermanNew York Court of Appeals · 1887
  3. Morgenthaler v. CarlinAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by2 opinions

  1. Lecky v. WinstonAppellate Division of the Supreme Court of the State of New York · 1919
  2. Butterly v. DeeringAppellate Division of the Supreme Court of the State of New York · 1912

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