Forbes v. Frary

New York Supreme Court

Forbes v. Frary

2 Johns. Cas. 224

DecidedJanuary 15, 1801

StatusPublished

This text of 2 Johns. Cas. 224 (Forbes v. Frary) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forbes v. Frary, 2 Johns. Cas. 224 (N.Y. Super. Ct. 1801).

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Opinion

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.(

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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.(

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Bluebook (online)

2 Johns. Cas. 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forbes-v-frary-nysupct-1801.