Livermore v. Bainbridge
New York Supreme Court
Charles P. Livermore and others were plaintiffs in this action against Henry Bainbridge and another, executors, upon an account stated, growing out of the dealings of the plaintiffs with defendants’ testator, as his stockbrokers. The referee to whom the cause was referred, reported, after a protracted trial, in favor of plaintiffs. Defendants moved to set the report aside, and the motion was granted. Plaintiffs appealed.
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Charles P. Livermore and others were plaintiffs in this action against Henry Bainbridge and another, executors, upon an account stated, growing out of the dealings of the plaintiffs with defendants’ testator, as his stockbrokers. The referee to whom the cause was referred, reported, after a protracted trial, in favor of plaintiffs. Defendants moved to set the report aside, and the motion was granted. Plaintiffs appealed. The facts on which the principal question on this motion turned were thus stated by Mr. Justice' Rancher, at special term, with his reasons for granting the motion, as…
1Opinion of the Court
By the Court.—Davis, J.
It seems quite apparent from the affidavit of the referee in this ease that the conversation with Mr. Clews of which he speaks, must have taken place after the cause had been summed up and submitted to him for decision. He says that he said in substance to Mr. Clews that he (the referee) had not at all come to any conclusion about the case as yet, but that there were matters in evidence in the case which led him to believe that if he did give judgment for the defendants it would necessarily be for a large amount.” It is not at all likely that an intelligent referee…
2Cases cited15 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Walter v. . BennettNew York Court of Appeals · 1857
- Groshon v. LyonNew York Supreme Court · 1853
- Ford v. FordNew York Supreme Court · 1868
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