Reynolds v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, Joseph Moore, from an order of the Special Term of the Court of Common Bleas for the city and county of New York, entered in the office of the clerk of said court on the Sd day of June, 1895, denying the defendant’s motion to set aside, for misconduct, the report of a referee.
1Opinion of the Court
Barrett, J.:
The discussion at Special Term was solely upon the question whether the referee had been proved guilty of corruption “ by very clear and convincing proof.” The learned judge examined the. facts carefully, and came to the just conclusion that the case on that head liad not been made out. The error consisted in limiting-the consideration of the facts to this charge. The real question here was not whether the referee was guilty of actual corruption, but whether the fairness of his decision was justly questioned. It. is the settled law of this State that any indiscreet action of a…
2Cases cited2 opinions
- Leonard v. . MulryNew York Court of Appeals · 1883
- Yale v. Gwinits & CaslerNew York Supreme Court · 1849
3Cited by11 opinions
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Smith v. DunnAppellate Division of the Supreme Court of the State of New York · 1904
- In re VanderbiltAppellate Division of the Supreme Court of the State of New York · 1908
- Fortunato v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
- Miles Laboratories, Inc. v. American Pharmaceutical Co.Appellate Division of the Supreme Court of the State of New York · 1941
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