Alder v. Edenborn
District Court, E.D. New York
At Law. Action by Thomas P. Alder against William Edenborn. On motion to set aside a judgment entered on a referee’s report.
1Opinion of the Court
CHATFIELD, District Judge.
This is an action at law, in which this court, in 163 Fed. 655, held that the original complaint outlined a cause of action in equity, while purporting to be a case at law and praying for damages at law. Demurrer was therefore sustained. An amended complaint, setting up a cause of action at law (based upon a rescission by the plaintiff of the contract named), was subsequently held sufficient.
[1] The issue thus framed was sent to a referee by stipulation in writing, signed by both parties and filed. This stipulation named the referee and consented to a determination…
2Cases cited15 opinions
- Bond v. DustinSupreme Court of the United States · 1884
- Newcomb v. WoodSupreme Court of the United States · 1878
- Kearney v. CaseSupreme Court of the United States · 1871
- Heckers v. FowlerSupreme Court of the United States · 1865
- Shipman v. Straitsville Central Mining Co.Supreme Court of the United States · 1895
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3Cited by3 opinions
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Fifth Nat. Bank of New York v. LyttleCourt of Appeals for the Second Circuit · 1918
- Davis v. Indian Territory Co.Court of Appeals for the Tenth Circuit · 1937