Legal Opinion

Rust v. Hauselt

The Superior Court of New York City

Decided August 15, 1880PublishedCited by 1 opinion

Motion by defendant for leave to enter judgment upon a referee’s report, and motion submitted by both parties to offset costs, both motions being heard without notice upon stipulation of counsel.

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Motion by defendant for leave to enter judgment upon a referee’s report, and motion submitted by both parties to offset costs, both motions being heard without notice upon stipulation of counsel. The action was begun in April, 1875. The plaintiff in his complaint alleged that he and his copartner, one Henry Eancke (who was made a defendant because he declined to unite with him as a plaintiff), on the 23d day of October, 1873, made an assignment to the defendant for the benefit of their creditors; that the defendant, with the assets of the firm, had discharged their debts and liabilities, and…

1Opinion of the Court

Russell, J.—

The defendant claims substantially'the same rights as if the reference ordered for the purpose of carrying out the order of the court of appeals giving the plaintiff judgment absolute were an ordinary reference to hear, try and determine all the issues in the action on the coming in of the report as to which he would be entitled, as a matter of course, to enter judgment.

There are two objections to this theory: In the first place it was not such a reference, but a reference to state the accounts and to report what was due the plaintiff. In the next place the defendant’s rights must…

2Cases cited5 opinions

  1. Wright v. . DelafieldNew York Court of Appeals · 1862
  2. Kniffen v. . McConnellNew York Court of Appeals · 1864
  3. Thompson v. LumleyNew York Court of Common Pleas · 1877
  4. Glen & Hall Manufacturing Co. v. HallNew York Supreme Court · 1871
  5. Norbury v. SeeleyNew York Supreme Court · 1849

3Cited by1 opinion

  1. Mutual Life Insurance v. O'DonnellNew York Court of Appeals · 1895

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