Klein v. Continental Insurance
New York Supreme Court
Appeal from special term, Eensselaer county. Action by Nathan Klein against the Continental Insurance Company upon a policy of fire insurance. Defendant appeals from an order denying a motion to discharge a referee. This action was brought upon a policy of insurance issued by the defendant to the plaintiff against loss and damage by fire. Seventeen other actions were brought against that number of insurance companies, all of which had issued policies to the plaintiff.
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Appeal from special term, Eensselaer county. Action by Nathan Klein against the Continental Insurance Company upon a policy of fire insurance. Defendant appeals from an order denying a motion to discharge a referee. This action was brought upon a policy of insurance issued by the defendant to the plaintiff against loss and damage by fire. Seventeen other actions were brought against that number of insurance companies, all of which had issued policies to the plaintiff. The actions were all referred to the same referee to hear and determine, and this action was tried before such referee, and…
1Opinion of the CourtMayham, J.
As is contended by the appellant on this motion, the practice of discharging the referee when a judgment entered upon his report is reversed on appeal is almost or quite universal. But the Code of Civil Procedure clothes a referee with all the powers of a judge of the court in the hearing and determination of cases referred to him, and a judgment, in common-law actions, follows upon his report without any motion to the court, in the same manner as upon the decision of a judge; and as he is usually selected by the court, or upon stipulation of the parties, with reference to his character,…
2Cases cited4 opinions
- Maicas v. . LeonyNew York Court of Appeals · 1889
- Dorlon v. LewisNew York Supreme Court · 1851
- Clews v. BainbridgeNew York Supreme Court · 1873
- Livermore v. BainbridgeNew York Court of Appeals · 1874
3Cited by2 opinions
- Saranac Land & Timber Co v. RobertsNew York Supreme Court · 1917
- Polina M. v. Robert M.New York City Family Court · 2009