Barnes v. Midland Railroad Terminal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Sarah H. Barnes and others, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county ■ of Richmond on the 20th day of March, 1911, upon .the report of a referee in so far as such judgment refers the taking of. the account to the referee rather than directs him as referee to take the account and pass on the question of costs, and also from an order entered in said clerk’s office…
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Appeal by the plaintiffs, Sarah H. Barnes and others, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county ■ of Richmond on the 20th day of March, 1911, upon .the report of a referee in so far as such judgment refers the taking of. the account to the referee rather than directs him as referee to take the account and pass on the question of costs, and also from an order entered in said clerk’s office on the 20th day of 'March, 1911, denying the plaintiffs’ motion to send the report back to a referee.
1Opinion of the Court
Jenks, P. J.:
This equity action was referred to a referee to hear, to try and to determine. The learned referee made findings of fact, and conclusions of law, and directed that judgment be entered - accordingly. It was decided that the plaintiffs were éntitled to judgment for certain specified equitable relief and to recover such damages as could be proved on an accounting to have been sustained by reason of the acts of the defendant for which the said equitable relief was afforded by the report, and that it be referred to a referee “ to ascertain' and report to the Court the amount of any…
2Cases cited3 opinions
- Stevens v. VerianeNew York Supreme Court · 1870
- Kiernan v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Reid v. McNaughtonNew York Supreme Court · 1853