Albany Brass & Iron Co. v. Hoffman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Albany Brass and Iron Company, ■ from an order of the Supreme Court, made at the Albany Special . Term and entered in the office of the clerk of the county of Albany oh the 25th day of February, 1898, denying its application to vacate the judgment entered in the action and to send the action back to ■ : the referee, .with- directions to proceed with proof of the issues thereof.
1Opinion of the Court
Merwin, J.:. In the complaint a cause. of action is alleged for goods sold and. delivered. ■ In the answer there is practically a general denial, and . there is also alleged a counterclaim for moneys. due upon contract and a demand of judgment thereon against the plaintiff. A reply ■ was served denying the countérclaim. Thereafter, upon' stipulation of- the parties,, an order was entered that the action and all the issues therein be. referred to a named referee to hear and determine the same. The case came on for' trial before the referee* the plaintiff swore several .witnesses and then…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Brown v. ButlerNew York Supreme Court · 1890
3Cited by5 opinions
- Abrams v. Textile Realty Corp.New York Supreme Court · 1949
- Guaman v. TranAppellate Division of the Supreme Court of the State of New York · 2008
- Hampton Bays Supply Co. v. AdlerNew York Supreme Court · 1955
- Casiano v. DukasNew York Supreme Court · 1956
- Serafini v. StentoAppellate Division of the Supreme Court of the State of New York · 1941