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Morgenthau v. Walker

23 N.Y.S. 1161 Court General Term. Decision date 1893-05-01 English

Delivered by PRYOR, J.

Contents

Majority

p. 1161
MORGENTHAU et al. v. WALKER.
(Common Pleas of New York City and County,
General Term.
May 1, 1893.)

Headnote

Action by Henry Morganthau and others against Elizabeth H. Walker to recover commissions for the sale of real estate.
For former report, see 21 N. Y. Supp. 936 .
Laehman, Morgenthau & Goldsmith, for plaintiffs.
Alex. Thain, for defendant.

In Catlin v. Adirondack Co., 19 Hun, 389 , 81 N. Y. 379 , it was decided that a reversal of a judgment does not per se operate a vacatur of the order of reference. But a subsequent amendment of the Code (section 1011) provides that “the court must appoint another referee.” We merely reverse the judgment, and direct a new trial, leaving to the court below either to name another referee or to vacate the order of reference, as justice may seem to require.

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