Legal Opinion

Goldzier v. Rosebault

Appellate Terms of the Supreme Court of New York

Decided June 22, 1903Published

Appeal from Municipal Court, Borough of Manhattan. Action by Charles Goldzier against Charles J. Rosebault. From a Municipal Court judgment in favor of plaintiff, defendant appeals. Reversed.

1Opinion of the CourtFreedman, P. J.

This action is brought by a referee appointed by consent to hear and determine the issues in an action in the Supreme Court brought b)r the appellant herein against Blakley Hall, impleaded with the appellant in this action. The record consists of 139 pages of typewritten matter, and contains a mass of incompetent and irrelevant testimony. The trial seems to have proceeded upon the theory that an action brought for services of a referee was to be governed by different rules of evidence than any other action for services, and that the referee alone was the only competent witness to testify as…

2Cases cited3 opinions

  1. Morrow v. McMahonAppellate Division of the Supreme Court of the State of New York · 1902
  2. Brush v. KelseyAppellate Division of the Supreme Court of the State of New York · 1900
  3. In re the Assignment of Bieber & GreenwaldNew York Supreme Court · 1901

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