Legal Opinion
Smith v. Barnes
The Superior Court of the City of New York and Buffalo
Decided July 2, 1894PublishedCited by 12 opinions
Appeal from special term. Action by Francis W. Smith against S. Howard Barnes and others to recover broker’s commissions. From an order denying a motion to set aside a stipulation for a reference, and for a new trial on the ground of newly-discovered evidence, or for an opening of a reference and a rehearing, defendants appeal.
1Opinion of the CourtGildersleeve, J.
This to recover commissions earned by the plaintiff’s assignor in the capacity of selling agent for the defendants, after being at issue nearly three years, was, under a stipulation, sent to a referee to hear and determine. The stipulation is as follows:
“The Issue in the above-entined action having been set down for trial this-10th day of October, 1893, and the case having been called, and marked ‘Ready.’ it is hereby stipulated and agreed by and between the parties to this action and them respective attorneys that the issues in the above-entitied action be, and the same hereby are, referred…
2Cases cited9 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Denton v. NoyesNew York Supreme Court · 1810
- Riggs v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Gorham v. GaleNew York Supreme Court · 1827
- Staples v. ParkerNew York Supreme Court · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Illinois Steel Co. v. WarrasWisconsin Supreme Court · 1909
- People ex rel. Burby v. Common CouncilNew York Supreme Court · 1895
- McGill Restoration v. Lion Place Condo. Assn.Nebraska Supreme Court · 2021
- Fowlkes v. IngrahamCalifornia Court of Appeal · 1947
- William Randall & Sons, Inc. v. MillsAppellate Division of the Supreme Court of the State of New York · 1917
7 more not listed; retrieve them via the Exa API.