Price v. Parker
New York Supreme Court
Motion for a reference of the issues under section 1013 of the Code of Civil Procedure on the ground that the trial of the issues will require the examination of a long account.
1Opinion of the CourtGiegerich, J.
The plaintiff moves for an order of reference upon the ground that the trial of the action will require the examination of a long account and will not require the decision of difficult questions of law. The defendants resist the motion on various grounds, which will be discussed successively. The first is that the plaintiff, having elected to proceed in tort, cannot now make another election to proceed upon contract for the purpose of obtaining a reference. This objection is urged upon two grounds: The first is .that the complaint itself is founded in tort; but I think an examination of that…
2Cases cited6 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- People v. . WoodNew York Court of Appeals · 1890
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- Neftel v. . LightstoneNew York Court of Appeals · 1879
- Irving v. IrvingNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stephens v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1924
- Berry v. Maldonado & Co.City of New York Municipal Court · 1908