Godding v. Porter
New York Supreme Court
Motion by plaintiff for an order confirming the report of a referee in favor of the plaintiff for $95, and for judgment. „ William Curry, deceased, by his last will and testament, gave to his wife as much of his money and property as she should need for her comfortable support. Her brother, the plaintiff’s intestate, furnished her with necessary support in board, washing, &c.
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Motion by plaintiff for an order confirming the report of a referee in favor of the plaintiff for $95, and for judgment. „ William Curry, deceased, by his last will and testament, gave to his wife as much of his money and property as she should need for her comfortable support. Her brother, the plaintiff’s intestate, furnished her with necessary support in board, washing, &c. After his decease, Alvah Godding and Esther Sanders, his administrators, presented the account to the defendant Porter, the executor of Curry, by whom payment was refused. They then entered into an agreement to refer the…
1Opinion of the CourtBalcom, J.
—This motion is founded on the agreement of the parties to refer, the approval of the referee by the county judge of Tompkins county, the rule of reference entered by the clerk of such county, and the report of the referee. No case has been made showing what occurred on the trial.
The motion is opposed on two grounds—1. That the referee did not make and deliver his report within sixty days from the time the action was finally submitted to him; 2. That the claim was not referable, under the statute, without action.
The defendant’s counsel has read an affidavit in support of his first point; but…
2Cases cited1 opinion
- Akely v. AkelyNew York Supreme Court · 1858
3Cited by6 opinions
- Roe v. . BoyleNew York Court of Appeals · 1880
- Shorter v. MackeyAppellate Division of the Supreme Court of the State of New York · 1897
- Weill v. Clark's EstateOregon Supreme Court · 1881
- In re the Final Judicial Settlement of the Account of the Proceedings of RobinsonNew York Surrogate's Court · 1907
- Smith v. PattenNew York Supreme Court · 1870
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