E. Clemens Horst Co. v. Stocker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eugene D. Stocker, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 9th day of August, 1909, appointing a referee to hear and determine the issues herein.
1Opinion of the Court
Chester, J.:
The respondent insists that the order of reference was properly made because there is a long account involved between the parties and that no difficult issues of law are presented by the pleadings. It also insists that the action is one at law and not in equity, and, therefore, that all the issues must be tried together. If the action is at law the complaint has been very inaptly framed to show that. From the plaintiff’s point of view the action is one the ultimate purpose of which is to recover damages for the alleged breach of contract, yet as I read the complaint the action is…
2Cases cited3 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- London v. MeryashAppellate Division of the Supreme Court of the State of New York · 1909
- Wynkoop v. WynkoopAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Port v. HolzingerAppellate Division of the Supreme Court of the State of New York · 1925