Brower v. Kingsley

Decided April 15, 1800

New York Supreme Court · decided 1800-04-15

This cause was referred, by consent to referees, and' the rule was special, requiring them to hear the parties, and report within a specified time. The referees heard the parties, and, afterwards, two of them, subsequent to the time limited in the rule, and without notifying the third, convened, and made their report in favor of the defendant. Previous to making the report, the plaintiff also, by writing, revoked the authority of the referees.

Relies on Atkinson v. Clapp · Harris v. Norton

Decided 1800-04-15

Per Curiam.

¶1We are of opinion that the power of the referees expired with the time limited in the rule;(a) and that the conduct of the two referees was irregular, in not meeting with the other, to deliberate together, or giving him notice and an opportunity so to do. His assistance might have changed their opinion, and produced a .different result.(b)

¶2Let the report be set aside for irregularity, with costs.

¶3Rule granted.

¶4а) Gra. Prac. 2d e3. 575 ; even where no time is limited, as is generally the case if the referees delay unreasonably, the court will compel them to report ; 2 R. S. 484, § 47 ; and for that purpose will grant a rule, requiring them to report or show cause why an attachment should not issue against them. Stafford v. Hesketh, 1 Wend. 71.

¶5 All the referees, must meet together t,o do any act. Harris v. Norton, 7 Wend. 534. 2 R. S. 384, § 46. Gra. Prac. 2d ed. 572, 573, 574.