Roosa v. Saugerties & Woodstock Turnpike Road Co.
New York Supreme Court
Motion to set aside report of referee. The action was brought to recover a balance of account alleged to be due from the defendants to the plaintiff. It was tried before a referee.
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Motion to set aside report of referee. The action was brought to recover a balance of account alleged to be due from the defendants to the plaintiff. It was tried before a referee. The case was finally submitted to the referee for decision on the 18th of May, 1853. On the 13th of July in the same year, the referee informed the agent of the defendants that he had made up his mind to decide the case in favor of the defendants, and was then paid $25 for his fees as referee, for which he gave a receipt. On the 11th of June, 1855, the referee delivered to the defendants’ attorney his report, to…
1Opinion of the Court
Harris, Justice.
Although the referee had announced to the agent of the defendants his intention to decide the case against the plaintiff, and had received his fees, which he was only entitled to receive from the prevailing party, and from him only upon completing the discharge of his duty as referee; yet, according to the statement of the referee himself, he subsequently promised the plaintiff that he would not decide the case until a decision should be made by the general term of the supreme court in another causewhich was supposed to involve similar questions. It is evident, that when he…
2Cases cited1 opinion
- Almonester v. KentonSupreme Court of the United States · 1850
3Cited by6 opinions
- Payne v. BurkeAppellate Division of the Supreme Court of the State of New York · 1932
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Smith v. DunnAppellate Division of the Supreme Court of the State of New York · 1904
- In re VanderbiltAppellate Division of the Supreme Court of the State of New York · 1908
- Fortunato v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
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