Shea v. Cornish
New York Supreme Court
At chambers. Claim by Thomas J. Shea against Charles E. Cornish and Lewis M. Cornish, as executors of the estate of Charles L. Cornish, deceased. Defendants moved to confirm the report of a referee, and plaintiff moved to set aside the report, and to refer the case to a new referee. Motion to confirm overruled, and motion to set aside granted, and report sent to the same referee for amendment.
1Opinion of the CourtAndrews, J.
After a careful examination of all the papers submitted upon these motions, and also of the papers filed when similar motions were before the court in October last, and after conferring with Mr. Justice Patterson, I am of the opinion that the referee misapprehended the scope and meaning of the order entered herein on October 7, 1892, which directed that his report be referred back to him for a further report, and that he incorporate in such amended decision and report all the facts found by him. This matter came before the court in October upon two motions, which were substantially the same…
2Cases cited1 opinion
- Furber v. McCarthyNew York Supreme Court · 1889