Samble v. Mechanics' Fire Insurance
The Superior Court of New York City
Mr. P. A. Cowdry, on the part of the defendants in this cause, moved, that the matters in controversy between the parties be referred to referees, to adjust the amount of the plaintiff’s claimr The defendants (he said) admitted the making of the policy, and their liability for the loss, and their defence related to the amount of the plaintiff’s claim, and not to the principles upon which it was founded.
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Mr. P. A. Cowdry, on the part of the defendants in this cause, moved, that the matters in controversy between the parties be referred to referees, to adjust the amount of the plaintiff’s claimr The defendants (he said) admitted the making of the policy, and their liability for the loss, and their defence related to the amount of the plaintiff’s claim, and not to the principles upon which it was founded. The preliminary proofs showed a great number of items said to have been injured or destroyed; and Mr. Cowdry contended, that the accounts relating to the injury, should be referred to referees…
1Per curiam
The defendants admit all the principles upon which the plaintiff’s claim rests, and confine their defence exclusively to the items of injury, and the amount of the loss. There cannot, therefore, be any questions of law involved in the controversy, and the duty of the referees will be confined entirely to the questions of fact presented by the account of loss. As the injury sustained by the plaintiff extends to a great variety of items, the amount and extent of his loss can be much more conveniently ascertained by referees than by a jury.
*561Where there are mixed questions of law and fact…
2Cited by7 opinions
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- McLean v. East River InsuranceThe Superior Court of New York City · 1861
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