Hyperlawhypertext legal database Malcolm v. Hammill 49 N.Y. Super. Ct. 533

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Malcolm v. Hammill

49 N.Y. Super. Ct. 533 17 Jones & S. 533 Court N.Y. Super. Ct. Decision date 1883-02-05 English

Delivered by O’Gorman, J.

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p. 533
James Malcolm, appellant, v. Henry F. Hammill, respondent.
Decided February 5, 1883.

Headnote

Appeal from order fixing the compensation of Charles • W. Dayton, the receiver, etc., of Henry F. Hammill, at the sum of $675.
Stern & Myer, for appellant; John H. Cole, for respondent.

—The judge at special term, in fixing $675 as the compensation of the receiver, acted on his understanding of an offer made by the appellant’s counsel in open court, and accepted by the counsel for the respondent. We cannot now go into an investigation of the different interpretations of which that offer may be susceptible, but must accept that interpretation which was given to it by the judge before whom it was made. Sedgwick, Ch. J., concurred. Order affirmed, with $10 costs.