Steck v. Colorado Fuel & Iron Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 12,1894, which affirmed an order of Special Term, which granted a motion for a reference and appointed a referee. The facts, so far as material, are stated in the prevailing opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 12,1894, which affirmed an order of Special Term, which granted a motion for a reference and appointed a referee. The facts, so far as material, are stated in the prevailing opinion. Trial by referee is an exceptional mode of judicial procedure, and when it is sought to coerce a suitor into a submission to it the burden is upon the party applying for a reference to show that the case is within the excepted class. (Cassidy v. McFarland, 139 N. Y. 201.) It is not enough to justify a_…
1Opinion of the CourtEarl, J.
The plaintiff’s cause of action, as alleged in his complaint, is for his salary as general manager of the defendant at a stipulated price for the quarter of the year ending December 31, 1892. The verified answer of the defendant gainsays and puts in issue all the material allegations of the complaint, and alleges counterclaims consisting of long1 accounts. It is conceded that if the plaintiff’s cause of action had been merely put in issue by the answer, the action could not have been referred without the consent of both parties, and that either party demanding it would have been entitled to a…
2Cases cited7 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Alsop v. CainesNew York Supreme Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Peacock Hotel, Inc. v. ShipmanSupreme Court of Florida · 1931
- Sensormatic Security Corporation v. Sensormatic Electronics CorporationDistrict Court, D. Maryland · 2006
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
- Glass v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1976
54 more not listed; retrieve them via the Exa API.