Legal Opinion

Behre v. Horter

Appellate Terms of the Supreme Court of New York

Decided December 15, 1916Published

Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, entered upon the dismissal of plaintiff’s complaint after a trial before the court without a jury.

1Opinion of the CourtWhitaker, J.

Plaintiff is an unofficial stenographer. The defendants were parties to a separation action pending in the Supreme Court. An order was made by the Supreme Court referring the issues to William J. Burke, as referee. At the first hearing before the referee, December 14, 1915, the parties entered into the following stipulation:

“It is further stipulated and agreed by and between the parties hereto, that ‘ The Reference Reporter ’ (C. G-. Behre) certified shorthand reporter, be engaged to report the various hearings of said reference and that his fees shall be at the rate of twenty-five ($.25)…

2Cases cited3 opinions

  1. Berry Harvester Co. v. Walter A. Wood Mowing & Reaping MacHine Co.New York Court of Appeals · 1897
  2. Bottome v. NeeleyAppellate Division of the Supreme Court of the State of New York · 1908
  3. Harder v. ClarkCity of New York Municipal Court · 1910

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