Trufant v. Merrill
The Superior Court of New York City
Appeal from an order. This action was brought by James F. Trufant against John E. Merrill and another, to obtain a dissolution of the copartnership of the plaintiff and defendants, and a distribution of the partnership assets.
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Appeal from an order. This action was brought by James F. Trufant against John E. Merrill and another, to obtain a dissolution of the copartnership of the plaintiff and defendants, and a distribution of the partnership assets. Pending the action, the defendants, on an application for the appointment of a receiver, were allowed, in lieu thereof, to give a bond conditioned that they should manage and take care of the property of the firm during the action, and render a true and faithful account thereof whenever required by the court, and should pay and deliver to the parties who might be…
1Opinion of the CourtBy the Court. Monell, J.
The motion was merely that the report be sent back to the referee who made it, with directions to decide all the issues. It was probably supposed that he was bound to state the accounts between the parties, and that until he did so he had not determined all the issues. If that view was correct, the order substituting or appointing a new referee should not be reversed, merely on the ground that no reason was assigned for the change, or that it was giving more than the moving party asked for. The referee first appointed, having made his decision, became functus officio, and'could not again act…
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