Hovey v. Hovey
New York Supreme Court
Appeal from a judgment entered upon tbe dismissal of tbe complaint at tbe Wyoming Circuit. Tbe defendant having presented to tbe plaintiff a claim wbicb was rejected by tbe latter, tbe matter was referred under tbe statute and tried before tbe referee, wbo made a report against tbe defendant for $506.26. Tbe plaintiff, treating it as an award of an arbitrator, brought this action to recover tbe amount of it.
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Appeal from a judgment entered upon tbe dismissal of tbe complaint at tbe Wyoming Circuit. Tbe defendant having presented to tbe plaintiff a claim wbicb was rejected by tbe latter, tbe matter was referred under tbe statute and tried before tbe referee, wbo made a report against tbe defendant for $506.26. Tbe plaintiff, treating it as an award of an arbitrator, brought this action to recover tbe amount of it. Tbe trial court held that bis remedy was by application for confirmation, and dismissed tbe complaint.
1Opinion of the Court
Bradley, J.:
Tbe claim made by tbe defendant against tbe estate of the plaintiff’s intestate was rejected by tbe plaintiff, and the matter was thereupon referred pursuant to tbe statute. (2 R. S., 88, § 36.) Tbe referee proceeded to bear it and made a report against tbe claimant for $506.26. Tbe statute does not contemplate, in such a proceeding, affirmative relief against tbe claimant further than is requisite to defeat bis recovery. (Mowry v. Peet, 88 N. Y., 453.)
Upon the bearing, and during its progress before tbe referee, an oral agreement was made between tbe parties, to the effect that…
2Cases cited5 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Mowry v. . PeetNew York Court of Appeals · 1882
- Hays v. HaysNew York Supreme Court · 1840
- Akely v. AkelyNew York Supreme Court · 1858
- Johnson v. ParmelyNew York Supreme Court · 1819