M'Cullough v. Brodie
The Superior Court of New York City
The plaintiff moves to refer this action to a referee, on an affidavit, that the trial of it will involve the examination of a long account on his part.
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The plaintiff moves to refer this action to a referee, on an affidavit, that the trial of it will involve the examination of a long account on his part. The complaint states, in substance, that the defendants falsely represented that they possessed the secret of, and had the exclusive right, to manufacture resin soap in New Jersey; that it could be made for three and a half cents per pound, equal to an article made by tallow costing ten cents; that plaintiff, relying on these representations, and the agreement of the defendants to instruct the plaintiff to make such resin soap, bought of…
1Opinion of the Court
Bosworth, Justice.
It may be true, that the class of actions in which the court can order the whole action to be tried by the referee, without the consent of either party, is enlarged by the Code; but the fact which warrants the exercise of the power is the same now as when the Revised Statutes alone gave the authority to refer. (19 Wend. 31; 25 id. 687; 6 id. 503.)
By 2 R. S. 384, § 40, the court could order a cause to be referred, whenever it was made to appear that the trial would " involve the examination of a long account on either side.” By the Code, a reference may be ordered, “where the…
2Cases cited1 opinion
- People ex rel. Livingston v. Albany Common PleasNew York Supreme Court · 1837
3Cited by3 opinions
- Druse v. HorterWisconsin Supreme Court · 1883
- Turner v. TaylorNew York Court of Common Pleas · 1867
- Dittenhoeffer v. LewisNew York Court of Common Pleas · 1874