Niebuhr v. Schreyer
New York Court of Common Pleas
On motion to set aside judgment. Action by Margaret E. Niebuhr against John Schreyer for an accounting. The referee found a balance due defendant, and judgment was entered therefor on the filing of the report. Code Civil Proc. N. Y. § 1228, provides that “where the whole issue was an issue of fact, which was tried by a referee, the report stands as the decision of the court,” and that judgment maybe entered on filing the report.
1Opinion of the CourtDaly, J.
This was an action in which plaintiff claimed a partnership between herself and defendant, and demanded an accounting, etc. The defendant denied the copartnership, and all the issues were referred to a referee to hear and determine. He made a report finding that the plaintiff was entitled to an accounting as to certain parcels of real estate mentioned in the complaint, but not as to others, and that such accounting should be brought *414upon two days’ notice; and that the. question of a certain counter-claim, set up in the answer, should be reserved to such accounting; and that either party was…
2Cases cited1 opinion
- Palmer v. PalmerNew York Supreme Court · 1856
3Cited by3 opinions
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Kirschenbaum v. BraunsteinNew York Supreme Court · 1927
- Ward v. WardThe Superior Court of New York City · 1892