Bloore v. Potter
New York Supreme Court
Reference. This is an action of covenant upon a sealed instrument, by which the plaintiff agreed to sell to the defendants a quantity of timber, to be cut by the defendants upon a certain tract of land, and to be paid for by them in the manner particularly specified in the contract.
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Reference. This is an action of covenant upon a sealed instrument, by which the plaintiff agreed to sell to the defendants a quantity of timber, to be cut by the defendants upon a certain tract of land, and to be paid for by them in the manner particularly specified in the contract. After issued joined, the attorney for the plaintiff gave notice of a motion intended to be made for the appointment of referees, founded upon an affidavit of the plaintiff in interest, the assignee of the covenant, that the trial would require the examination of a long account. The motion was not made, the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This court has refused to interfere where a cause has been referred by consent without any rule for that purpose, because the court has no control over referees so chosen; the referees in such case being mere arbitrators. 1 Johns. R. 315, 492, 3. So, though a rule be entered, if the action be one not referable under the statute as trover. 17 id. 129. So if the case be referable as assump*481sit, if the reference be not according to the statute, as for instance to two referees, with power to them to choose an umpire. 8 Cowen, 436. But if the action be one in which a •…
2Cases cited2 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Tmomas v. ReabNew York Supreme Court · 1830
3Cited by4 opinions
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- Rice v. ClarkSupreme Court of Vermont · 1836
- McLean v. East River InsuranceThe Superior Court of New York City · 1861
- Diddell v. DiddellNew York Supreme Court · 1856