Eldred v. . Eames
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment of Special Term, entered upon an order confirming the report of a referee on a reference under the statute, and denying a motion to set the same aside. The nature of the action and the facts are sufficiently stated, in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment of Special Term, entered upon an order confirming the report of a referee on a reference under the statute, and denying a motion to set the same aside. The nature of the action and the facts are sufficiently stated, in the opinion. The granting of the amendment to the claim by the referee, by which a certain debit item and a credit were withdrawn from the claim and agreement to refer, was unauthorized and beyond the power of the…
1Opinion of the Court
Ruger, Ch. J.
This was a claim presented by the plaintiff to the defendant, as executrix of the estate of Frederick W. Eames, deceased, and being disallowed and rejected by her was referred under the provisions of the statute. (R. S. [7th. ed.] §§ 36, 37, pp. 2299, 2300)
Upon the hearing the plaintiff moved for leave to withdraw from the consideration of the referee several large items of his claim, on the credit as well as the debit side of the account, which motion was granted by the referee under objection and exception by the defendant. It is now contended by the defendant that this was…
2Cases cited2 opinions
- Smith v. . VelieNew York Court of Appeals · 1875
- Roe v. . BoyleNew York Court of Appeals · 1880
3Cited by15 opinions
- In re the Estate of SchorerNew York Surrogate's Court · 1935
- Mowell v. Van BurenNew York Supreme Court · 1894
- Hallock v. BaconNew York Supreme Court · 1892
- Henning v. MillerNew York Supreme Court · 1894
- Rutherford v. SoopNew York Supreme Court · 1895
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