Roe v. . Boyle
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff entered upon an order confirming the report of a referee, and directing judgment in accordance therewith. The nature of the proceeding and the facts appear in the opinion.
1Opinion of the CourtEarl, J.
The plaintiff is the assignee of a claim against the estate of Francis McNeely, deceased. The claim was presented to the executors, disputed, and referred under the statute. The referee reported in favor of the plaintiff, and judgment was entered upon such report. The defendants then appealed to the General Term of the Supreme Court, and there the judgment was reversed and a new trial ordered. A new referee was then appointed at the Special Term, and the case was again brought to trial, and the new referee again reported in favor of the plaintiff. The report was confirmed at Special Term, and…
2Cases cited4 opinions
- Robert v. DitmasNew York Supreme Court · 1832
- Coe v. CoeNew York Supreme Court · 1861
- Godding v. PorterNew York Supreme Court · 1864
- Boyd v. BigelowNew York Supreme Court · 1857
3Cited by26 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Eldred v. . EamesNew York Court of Appeals · 1889
- Columbia Bank v. Gospel Tabernacle ChurchNew York Court of Appeals · 1891
- In Re the Probate of Will of GibsonNew York Court of Appeals · 1909
- Mowry v. . PeetNew York Court of Appeals · 1882
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