Campbell v. Gray

Order reversed upon the facts, in the exercise of discretion, without costs of this appeal to any party, and motion for the appoint*825ment of a temporary receiver denied and motion in so far as it prays for a temporary injunction granted in part, without costs. Memorandum: The determination of the issues referred will practically decide the action. The determination of the referee is to be used to decide a preliminary motion. It will be necessary to retry these same issues before a final judgment can be granted. (Bannon v. Ba/nnon, [1936] 270 N. T. 484.) Whether a receiver should be appointed…