Griggs v. Guinn

The report of the referee herein should be modified as follows : First, by reducing counsel fee on reference from $75 to $50; second, the stipulation entered into in respect to referee’s fees is too indefinite to be operative. No stipulation can suspend the operation of the statute, except it provides for a specific sum (Griggs v. Day, 18 N. Y. Supp. 796; Nat. Bank of Cooperstown v. Tamajo, 77 N. Y. 476). The affidavit of the referee states that he spent twelve days in the business of the reference. The compensation fixed by the statute is $6 per day, unless a different rate of compensation…