Untermyer v. . Beinhauer
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court in the first judicial department, made January 14,1887, which affirmed an order of Special Term referring the issues in this action to a referee to hear, try and determine. The nature of the action is set forth in the opinion. The trial of the issues raised by the complaint and answer do not involve the examination of a “ long account ” within the meaning of section 1013 of the Code.
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Appeal from, order of the General Term of the Supreme Court in the first judicial department, made January 14,1887, which affirmed an order of Special Term referring the issues in this action to a referee to hear, try and determine. The nature of the action is set forth in the opinion. The trial of the issues raised by the complaint and answer do not involve the examination of a “ long account ” within the meaning of section 1013 of the Code. (Camp v. Ingersoll, 86 N. Y. 433; Van Rensselaer v. Jewett, 6 Hill, 373; McDonald v. Stevens, 9 Hun, 28.) A case cannot be referred, even though the…
1Opinion of the CourtRapallo, J.
This is an action brought against a builder, to recover damages for the breach of a contract to erect for the plaintiffs a dwelling-house in the city of blew York, "within a stipulated time. The contract-price of the work was $25,500, payable in installments. The contract was dated •October 21, 1884, and by its terms the defendant agreed that he would fully enclose the building so as to protect it against the weather, on or before the 20th of December, 1884, and would complete it for occupancy on or before the 30th of April, 1885; that he would commence the construction of the building…
2Cases cited2 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- Welsh v. . DarraghNew York Court of Appeals · 1873
3Cited by34 opinions
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Foster v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Killingstad v. MeigsWisconsin Supreme Court · 1911
- Andrus v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1889
- Snell v. . Niagara Paper MillsNew York Court of Appeals · 1908
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