New York Supreme Court July 2, 1891 (McCulloch v. Dobson)

■ Barnard, P. J.

—The referee in this case made his report on the 14th of July, 1888. He died on the 20th of July, 1888. A motion was made to set aside his report on the allegation that the referee’s mind was impaired when he signed the same. The proof is overwhelming upon this question in favor of the referee.