Griggs v. Guinn
The Superior Court of the City of New York and Buffalo
Action by A. Irving Griggs against Sarah R. Guinn for an injunction. A temporary injunction having been granted and afterwards dissolved, defendant procured the appointment of a referee to determine her damages, and motion is now made to confirm his report. Report modified.
1Opinion of the CourtGildersleeve, J.
The report of the referee herein should be modified as follows: First, by reducing counsel fee on reference from $75 to $50; second, the stipulation entered into in respect to referee's fees is too indefinite to be operative. No stipulation can suspend the operation of the statute, except it provides for a specific sum. Griggs v. Day, (Super. N. Y.) 18 N. Y. Supp. 796; Bank v. Tamajo, 77 N. Y. 476. The affidavit of the referee states that he spent 12 days in the business of the reference. The compensation fixed by the statute is $6 per day, unless a different rate of compensation is fixed by…
2Cases cited2 opinions
- First National Bank v. . TamajoNew York Court of Appeals · 1879
- Griggs v. DayThe Superior Court of the City of New York and Buffalo · 1892
3Cited by3 opinions
- Whitney v. RoeNew York Supreme Court · 1894
- King v. MunzerThe Superior Court of New York City · 1894
- King v. MunzerThe Superior Court of the City of New York and Buffalo · 1894