Shaw v. Collyer

U.S. Circuit Court for the District of Southern New York

Shaw v. Collyer

21 F. Cas. 1190, 4 Blatchf. 370, 18 How. Pr. 238, 1859 U.S. App. LEXIS 731

CourtU.S. Circuit Court for the District of Southern New York

DecidedOctober 1, 1859

StatusPublished

This text of 21 F. Cas. 1190 (Shaw v. Collyer) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shaw v. Collyer, 21 F. Cas. 1190, 4 Blatchf. 370, 18 How. Pr. 238, 1859 U.S. App. LEXIS 731 (circtsdny 1859).

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Opinion

NELSON, Circuit Justice.

It is objected, that the court erred in referring the cause to a commissioner, instead of taking the testimony in open court;, but I cannot perceive any foundation for this objection. The court had ascertained, from the hearing before it, that the main questions in controversy were in respect to the accounts between the parties, as master and owner of the vessel, and very proper, therefore, to be referred to and heard by a commissioner. The rights of the respondent were not prejudiced, as the whole case could afterwards be presented to the court upon the proofs, and exceptions to the commissioner’s report; and much of the valuable time of the court was saved by the reference. Decree affirmed.

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NELSON, Circuit Justice.

It is objected, that the court erred in referring the cause to a commissioner, instead of taking the testimony in open court;, but I cannot perceive any foundation for this objection. The court had ascertained, from the hearing before it, that the main questions in controversy were in respect to the accounts between the parties, as master and owner of the vessel, and very proper, therefore, to be referred to and heard by a commissioner. The rights of the respondent were not prejudiced, as the whole case could afterwards be presented to the court upon the proofs, and exceptions to the commissioner’s report; and much of the valuable time of the court was saved by the reference. Decree affirmed.

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Bluebook (online)

21 F. Cas. 1190, 4 Blatchf. 370, 18 How. Pr. 238, 1859 U.S. App. LEXIS 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-collyer-circtsdny-1859.