Importers & Traders' National Bank of New York v. Werner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,-' Louis Werner, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 17th day of July, 1900, granting plaintiff’s motion for a compulsory reference under section 1013 of the Code of Civil Procedure,
1Opinion of the Court
Hatch, J.:
The order appealed from was granted upon the theory that the trial will require the examination- of a 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.
*437The 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 guarantees to said bank that it shall and will realize and receive…
2Cases cited4 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
3Cited by5 opinions
- Fromer v. OttenbergNew York Supreme Court · 1901
- Kings County Lighting Co. v. WoodburyAppellate Division of the Supreme Court of the State of New York · 1917
- Dreveskracht v. First State BankNorth Dakota Supreme Court · 1907
- Fisher v. HainesAppellate Division of the Supreme Court of the State of New York · 1901
- George F. Lee Coal Co. v. MeekerNew York Supreme Court · 1904