Legal Opinion

Gerity v. . Seeger Guernsey Co.

New York Court of Appeals

Decided May 15, 1900PublishedCited by 7 opinions

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

  1. Eighmy v. . the PeopleNew York Court of Appeals · 1880
  2. Ingersoll v. . BostwickNew York Court of Appeals · 1860
  3. People v. Central City BankNew York Supreme Court · 1867
  4. Johnson v. . CarnleyNew York Court of Appeals · 1854
  5. Bonner v. McPhailNew York Supreme Court · 1860

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3Cited by7 opinions

  1. Markey v. StateSupreme Court of Florida · 1904
  2. Carter v. Castle Electric Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1965
  3. Loper v. Wading River Realty Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Gersman v. LevyAppellate Terms of the Supreme Court of New York · 1908
  5. Howard v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1919

2 more not listed; retrieve them via the Exa API.

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