Reiser v. Plath
New York Court of Common Pleas
Appeal from special term. Action by Jacob Reiser against Ernest E. Plath, as administrator of Charles A. Plath, deceased. Defendant appeals from an order referring the action to a referee to hear and determine the same.
1Per curiam
The appeal is from an order of compulsory reference. The complaint exhibits four several and separate causes of action, namely, two upon promissory notes, one upon an account stated, and one for money lent. The answer is, in legal effect, a general denial, and a plea of payment. We are of opinion that the court had no power to order a reference for determination of the issue, but that the parties were entitled to a trial of them by a jury. Clearly so as to the promissory notes, and the claim for money lent; and, as to the account stated, the issue involves no accounting, but only whether…
2Cases cited3 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- Magown v. SinclairNew York Court of Common Pleas · 1874
- Streat v. RothschildNew York Court of Common Pleas · 1883
3Cited by1 opinion
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928