Hyperlawhypertext legal database New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co. 71 A.D. 611

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New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.

71 A.D. 611 Court N.Y. App. Div. English

Contents

Majority

p. 611
New York Bank Note Company, Appellant, v. Hamilton Bank Note Engraving and Printing Company and The Kidder Press Manufacturing Company, Respondents.

Headnote

Order reversed, with ten dollars costs and disbursements, and action remitted to the court below for the appointment of a new referee, —Appeal from an order denying a motion to set aside a referee’s report ana for the appointment of anew referee.—

Although we are of the opinion that the referee had no improper motives or purpose in his action, it is apparent that it was so indiscreet as to require the setting aside of the report and the appointment of a new referee. The order should, therefore-, be reversed, with ten dollars costs and disbursements, and the action remitted to the court below for the appointment of a new referee. Present—Van Brunt, P. J., Ingra

p. 612
ham, McLaughlin, Hatch and Laughlin, JJ. 'Ingraham, J., not voting.