Ketchum v. Clark
New York Supreme Court
THIS was an action for the dissolution of a joint stock company and for an accounting among the associates. After issue it was referred to a referee to take and state an account between the parties and report the same, with the proof, to the court.
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THIS was an action for the dissolution of a joint stock company and for an accounting among the associates. After issue it was referred to a referee to take and state an account between the parties and report the same, with the proof, to the court. Upon the coming in of the referee’s report the cause was brought to a hearing on such report and the proofs accompanying the same, and a decree was made at special term dissolving the association and confirming the report of the referee in regard to the accounts, with a few alterations and corrections thereof. From so much of the decree as declared…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The reference in this case to take and state an account between the parties, was made under the second subdivision of section 271 of the code. The reference, under this subdivision, is the reference of the old courts of equity, such as was always made to a master in cases of accounting. The practice in chancery in such cases was for the master to prepare a draft of his report and *320deliver it to such parties as desired it, and for the parties then to come in and file objections to such draft, and after argument thereupon the master made his final report. To this…
2Cited by11 opinions
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- Lannan v. ClavinSupreme Court of Kansas · 1864
- Lawrence v. FowlerNew York Supreme Court · 1860
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1900
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