Albany Brass & Iron Co. v. Hoffman
Appellate Division of the Supreme Court of the State of New York
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
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Brown v. ButlerNew York Supreme Court · 1890
- Garczynski v. RussellNew York Supreme Court · 1894
- Morange v. . MeigsNew York Court of Appeals · 1873