Fisher v. Haines
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles D. Haines, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1901, referring the issues in the action to a referee to hear and determine.
1Opinion of the Court
McLaughlin, J.:
Appeal from an order referring the issues on the ground that the determination of them involves an examination of a long account. The action is brought to recover the sum of $50,000 moneys alleged to have been paid by the plaintiff at the request of for the benefit of the defendant, pursuant to the terms of a written agreement which is attached to, and made a part of, the complaint. The complaint alleges, among other things, that “under the terms of said agreement said defendant agreed that he would, within thirty days from the date of said agreement, pay and discharge, or…
2Cases cited1 opinion
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
3Cited by1 opinion
- Davidson v. Equitable LifeNew York Supreme Court · 1909