Snell v. . Niagara Paper Mills
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1908, which reversed an order of Special Term granting a motion for a compulsory order of reference. The following questions were certified : “First. Do the causes of action set out in plaintiff’s complaint and the denials and defenses in the answer entitle plaintiff to a jury trial ? . “Second.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1908, which reversed an order of Special Term granting a motion for a compulsory order of reference. The following questions were certified : “First. Do the causes of action set out in plaintiff’s complaint and the denials and defenses in the answer entitle plaintiff to a jury trial ? . “Second. Did the court have jurisdiction to refer the issues in the first question to a referee, to hear, try and determine the same without the consent of plaintiff ? “ Third.…
1Opinion of the CourtGray, J.
The question, which we are to pass upon, is whether, although the cause of action alleged in the complaint is not referable, the action is made so by the answer. At the Special Term, a reference of the issues was .ordered over the objection of the plaintiff. At the Appellate Division the order of reference was reversed and the defendant’s motion therefor was denied. Leave was, then, given to the defendant to appeal to this court.
The complaint contains two causes of action. The first is based upon the failure of the defendant to pay a balance of salary due to the plaintiff under a contract for…
2Cases cited3 opinions
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Irving v. IrvingNew York Supreme Court · 1895
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