Importers' & Traders' National Bank v. Werner
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Importers’ & Traders’ National Bank of New York against Louis Werner. From an order granting plaintiff’s motion for a compulsory reference, defendant appeals.
1Opinion of the CourtHatch, J.
The order appealed from was granted upon the theory that the trial will require the examination óf á long account, and was therefore justified by the statute. After careful examination of the questions presented and of the authorities, we are of the opinion that the order was improperly granted. The action is brought to recover upon a written contract of guaranty, which reads as follows:
“For value received by the undersigned from the Importers’ and Traders’ National Bank of New York, the undersigned promises and guaranties to said bank that it shall and will realize and receive from the…
2Cases cited8 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- C. & C. Electric Co. v. Walker Co.Appellate Division of the Supreme Court of the State of New York · 1898
- McAleer v. SinnottAppellate Division of the Supreme Court of the State of New York · 1898
- Loverin v. Lenox Corp.Appellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Dreveskracht v. First State BankNorth Dakota Supreme Court · 1907