New York Supreme Court, 1801

Forbes v. Frary

Forbes v. Frary
New York Supreme Court · Decided January 15, 1801
2 Johns. Cas. 224

Counsel

Bogert, contra.

Forbes v. Frary

Opinion of the Court

Per Curiam.

The ,referees have a reasonable discretion as to adjournments, and they ought to have given a day to the plaintiff to produce his witnesses, as he appears to have been taken by surprise, though the court Cannot take notice of a mere verbal agreement. The referees, in the exercise of their discretion, acted unreasonably in refusing the adjournment. The report must be set aside.

Rule granted.(a)

(a) See Grah. Prac. 2d ed. 573.

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