Dowd v. A. S. Hughes' Sons Towing & Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexina C. S. Dowd, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 22d day of October, 1917, relieving the defendant from a direction to answer certain interrogatories filed by the plaintiff.
1Opinion of the Court
Shearn, J.:
There is raised in this case the question whether upon a reference to take and state an account, when it comes to impeaching the account by the examination of the accounting party, the practice to be followed is, if the referee so elects, to issue written interrogatories and require sworn answers thereto in writing, as was the practice before a master under the old chancery rules. Section 827 of the Code, which authorizes the court to appoint a referee, where it is authorized to approve an undertaking or the sureties thereto, or to make an examination or inquiry, or to appoint an…
2Cases cited1 opinion
- Palmer v. PalmerNew York Supreme Court · 1856
3Cited by1 opinion
- Pierce v. FennoAppellate Division of the Supreme Court of the State of New York · 1928