Gerity v. . Seeger Guernsey Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in'the third judicial department, entered October 5, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in going to trial without a copy of the order of reference, when-it was demanded by the defendant before the trial began.
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Appeal from a judgment of the Appellate Division of the Supreme Court in'the third judicial department, entered October 5, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in going to trial without a copy of the order of reference, when-it was demanded by the defendant before the trial began. (3 Waite’s Pr. 256, 257; 2 Ramsey’s Pr. 355 ; 2 Whitaker’s N. Y. Pr. 413; Baylies’ Trial Pr. 74, 532 ; Moffatt v. Judd, 1 How. Pr. 193; Mooney v. Ryerson, 8 Civ.…
1Opinion of the CourtCullen, J.
When this action, which is upon a promissory note, was reached for trial at Circuit it was by the consent of the parties referred to a referee to hear and determine. Ho formal order was drawn up or filed, and the only evidence of the court’s action is the following entry in the clerk’s minutes: “At a Circuit and Special Term of the Supreme Court, held in and for Chemung County, at the Court House in the City of Elmira, beginning Hovember 18,1895. Present — Hon. Gerrit A. Forbes, Justice. William S. Gerrity agt. The Seeger & Guernsey Co. and ano. Hov. 22, 1895. This cause having been reached…
2Cases cited6 opinions
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- Ingersoll v. . BostwickNew York Court of Appeals · 1860
- People v. Central City BankNew York Supreme Court · 1867
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- Bonner v. McPhailNew York Supreme Court · 1860
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