Sue v. Homer

Memorandum:

The only objection raised by the defendants-appellants to the order of reference in this case is that it deprives the defendants of the right to jury trial. The defendants state in their brief that “in the absence of such right, our argument becomes valueless, since our quarrel is not as to Court or Referee, but Court with or Court without Jury.” The right to jury trial was waived by the defendants by the joinder in their answer of equitable counterclaims with their counterclaim at law for damages for fraud (Di Menna v. Cooper & Evans Co., 220 N. Y. 391; Liberty Bank of Buffalo v.…