Legal Opinion

Brown v. Windmuller

The Superior Court of New York City

Decided April 15, 1873Published

Adam Brown sued Sigmund P. Windmuller and Simon Tobias, in an action involving an accounting in reference to mercantile transactions between the parties. The trial of the cause was referred; and after a protracted trial the referee reported in favor of the defendants. The cause now came before the court on appeal from the clerk’s taxation of costs.

1Opinion of the Court

By the Court.—Van Vorst, J.*

By the agreement of the parties on the trial, an entry of which was made in the minutes, the fees of the referee were fixed at an amount per diem largely in excess of the allowance made by law.

The parties could so agree (Thurman v. Fiske, 30 How. Pr., 397 ; Code, § 313 ; Philbin v. Patrick, 22 How. Pr., 1).

There is a conflict in the affidavits used before the taxing officer on the adjustment of the costs, as to the number of days spent by the referee in the hearing and determination of the ease.

But if the only question raised was as to the number of days…

2Cases cited3 opinions

  1. Thurman v. Fiske.New York Supreme Court · 1866
  2. Shultz v. WhitneyNew York Court of Common Pleas · 1859
  3. Philbin v. PatrickThe Superior Court of New York City · 1861

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