Raynor v. Laux
New York Supreme Court
Appeal from an order of the Erie Special Term setting aside the report of a referee in a reference, under the statute, of a disputed claim against the estate of Catherine Mayor, deceased. The claim was made under ,a lease, upon which the intestate was liable as a guarantor, and upon two notes signed by her and by the lessee and given for'rent due under the lease.
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Appeal from an order of the Erie Special Term setting aside the report of a referee in a reference, under the statute, of a disputed claim against the estate of Catherine Mayor, deceased. The claim was made under ,a lease, upon which the intestate was liable as a guarantor, and upon two notes signed by her and by the lessee and given for'rent due under the lease. Upon the hearing, no objection was’taken to the introduction in evidence of the lease and the guaranty thereof, which guaranty was executed by the deceased, and of the notes which were given to adjust the rent which had accrued under…
1Opinion of the Court
Hardin, J.:
Young v. Cuddy (23 Hun, 249), is in point upon the practice adopted in this case, and we, following it, must hold that the Special Term had power to set aside the report of the referee and to order a new trial. See, also, Coe v. Coe (37 Barb., 232); Radley v. Fisher (24 How., 404); Somerville v. Cook (9 Hun, 665). Bucklin v. Chapin (1 Bans., 450) is an authority for saying that the proofs made by the parties are to be looked into for “ the grounds of recovery or defense,” as there are no pleadings in proceedings under the statute to establish claims against estates. So, too, is…
2Cases cited6 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Lessee of Smith v. McCannSupreme Court of the United States · 1861
- Getty v. . BinsseNew York Court of Appeals · 1872
- Gibson v. . TobeyNew York Court of Appeals · 1871
- Van Eps v. DillayeNew York Supreme Court · 1849
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