
    Randolph W. Townsend et al. v. Siegmund M. Peyser et al.
    
    
      (Decided in June, 1873.)
    A referee cannot claim more than three dollars a day for his services, unless there is a different agreement in writing.
    
      It seems, however, that if there is a parol agreement for a higher rate of compensation, and the referee makes a memorandum thereof on Ms minutes, this will be a sufficient agreement in writing. Per Loew, J.
    
    Reported in full in 14 Abb. Pr. 324; s. c. 45 How. Pr. 211.
    Appeal by plaintiffs from an order fixing the referee’s fees.
    
      A. R. Dyett, for appellants.
    
      Charles Price, for respondents.
   Opinion of the court by Loew, J.

Order reversed. 
      
       Present, Daly, Oh. J., Loew and J. P. Daly, JJ.
     