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Dick v. Busch

157 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1916-02-04 English

Contents

Majority

p. 1123
Evans R. DICK, J. Julian Dick, Fairman R. Dick, George Willing, Jr., George McCall, Alexander E. Hunt, Jr., and Marshall Geer, Respondents, v. Buena Vista M. BUSCH, Appellant.
(Supreme Court, Appellate Division, First Department.
February 4, 1916.)

Headnote

Appeal from judgment entered upon report of a referee, and bringing up for review an order directing the clerk to tax the referee’s fees.

We are of opinion that the charge of the referee beyond $10 a day was not authorized by the stipulation. The judgment is therefore modified, by reducing the amount thereof by the sum of $280, and, as so modified, affirmed, with costs to the respondents. Settle order on notice.