Wamsley v. H. L. Horton & Co.
New York Supreme Court
Appeal from special term, New York county. Action by William E. Wamsley against H. L. Horton & Company, Limited, a foreign corporation, on contract. Defendant moved to set aside service of summons on the ground that the person served was not an officer of the corporation, and, from an order directing a reference to determine disputed questions of fact arising on such motion, defendant appeals.
1Per curiam
We concur with the counsel for the appellant that references under section 10151 of the Code, in respect to disputed questions of fact arising upon motions, should only be ordered' in extraordinary cases. In fact, it should only be resorted to when such a reference is absolutely necessary to determine questions of" fact which are of vital importance, arising upon motions before the court. A reference upon a motion is frequently a great abuse of the discretion vested in the court by this section, as it requires-large expenditures of money in the shape of referee’s and stenographers’ fees, and…
2Cited by6 opinions
- Persons v. Buffalo City MillsAppellate Division of the Supreme Court of the State of New York · 1898
- Municipal Mortgage Co. v. Four Hundred Sixty-One Eighth Avenue Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Persons v. Buffalo City Mills, Ltd.Appellate Division of the Supreme Court of the State of New York · 1898
- Eddy v. SpauldingAppellate Division of the Supreme Court of the State of New York · 1904
- Fridenberg v. Lee Construction Co.City of New York Municipal Court · 1899
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