Patterson v. Stettauer
The Superior Court of New York City
Appeal from an order of reference. The action was for the sale and delivery under a special contract “of as many pounds of fresh beef,, net weight on the block, as may be called for by the government commissary.” The contract fixed the. price per pound, and the terms and manner of payment.
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Appeal from an order of reference. The action was for the sale and delivery under a special contract “of as many pounds of fresh beef,, net weight on the block, as may be called for by the government commissary.” The contract fixed the. price per pound, and the terms and manner of payment. The complaint alleged the delivery between February, 1868, and May, 1868, of six hundred and forty-seven thousand five hundred and seventy-eight pounds,, and claimed to recover a balance of seventeen thousand three hundred dollars and nine cents. ' The answer of the defendants denied and put in issue the…
1Opinion of the Court
By the Court.—Monell, Ch. J.
The objection *416that the defendant’s answer presents a question of fraud, is disposed of by Welsh v. Darragh (52 N. Y. 590). It is there held, that if the plaintiff’s cause of action is referable, it can not be made non-referable by the defendant’s answer.
The only remaining objection is, that difficult questions of law will arise, which under the exception in the code, renders the action non-referable (Code % 271).
The court can not in any case direct a reference, ‘‘where the investigation will require the decision of difficult questions of law;” but the party…
2Cases cited4 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Salisbury v. ScottNew York Supreme Court · 1810
- AnonymousNew York Supreme Court · 1826
- Lusher v. WaltonNew York Supreme Court · 1803