Conway v. Farish-Stafford Co.
Appellate Division of the Supreme Court of the State of New York
Reargument of appeal by the defendant from a j udgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 33d day of October, 1913.
1Per curiam
In the form in which this action was brought it was for compensation under the contract, and on that ground we affirmed the order of reference against defendant’s insistence that it was entitled to a trial by jury. (153 App. Div. 906.) The referee, however, having in the course of the trial allowed the complaint to be amended so as to claim damages for breach of contract, proceeded over defendant’s objection and exception to report upon the whole case including that introduced by the amendment allowed by him. He thus awarded plaintiff $30,000 damages, but stated that to hold the complaint as…
2Cases cited1 opinion
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1913