Thayer v. . McNaughton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1889, which affirmed an order of Special Term, referring the issues herein to a referee for trial.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1889, which affirmed an order of Special Term, referring the issues herein to a referee for trial. The complaint herein alleged, in substance, that plaintiff was retained as attorney by the E. & S. L. E. Co., and rendered services of the value of $300; that defendants entered into an agreement with that company whereby they undertook to pay the claims of its unsecured creditors, including plaintiffs, with moneys placed in their hands for that purpose, but have not paid…
1Opinion of the CourtAndrews, J.
Section 1013 of the Code of Civil Procedure prescribes the conditions under which a compulsory reference may be ordered. It can only be done where the trial will require the examination of a long account on either side, and will not require the decision of difficult questions of law. This must appear in order to justify the court in ordering a reference against the consent of either party. There was no evidence before the court when the order of reference was made,, that the statutory conditions existed upon which a compulsory reference could be ordered. There was nothing in the nature of the…
2Cases cited1 opinion
- Camp v. . IngersollNew York Court of Appeals · 1881
3Cited by26 opinions
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Killingstad v. MeigsWisconsin Supreme Court · 1911
- Standard Fashion Co. v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Loverin v. Lenox Corp.Appellate Division of the Supreme Court of the State of New York · 1898
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