Schaffer v. City Bank Farmers Trust Co.

Defendant City Bank Farmers Trust Company applied to the court at Special Term for an order directing a compulsory reference on the ground that the trial would require the examination of a long account. The court denied the application without prejudice to a renewal thereof before the trial justice presiding at the Trial Term at which the action should be reached for trial.

When the cause was reached for trial and before any evidence was taken the defendant bank renewed the motion for a reference upon the same papers which were used before the Special Term. The application was granted and…