Legal Opinion

Albany Brass & Iron Co. v. Hoffman

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1898Published

Appeal from special term, Albany county. Action by thé Albany Brass & Iron Company against Charles Hoffman, Jr. E-tom an order of the Albany special term denying plaintiff’s motion to- send the case back to the referee for the trial of defendant’s counterclaim, plaintiff appeals.

1Opinion of the CourtMeewin, J.

In the complaint a cause of action is alleged for goods sold and delivered. In the answer there is practically a general denial, and there is also alleged a counterclaim for moneys due upon contract, and a demand of judgment thereon against the plaintiff. A reply was served denying the counterclaim. Thereafter, upon stipulation of the parties, an order was entered that the action and all the issues therein be referred to a named referee to hear and determine the same. The case came on for trial before the referee. The plaintiff swore several witnesses, and then submitted to a nonsuit. The…

2Cases cited4 opinions

  1. Schuyler v. . SmithNew York Court of Appeals · 1873
  2. Brown v. ButlerNew York Supreme Court · 1890
  3. Garczynski v. RussellNew York Supreme Court · 1894
  4. Morange v. . MeigsNew York Court of Appeals · 1873

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