Turner v. Taylor
New York Court of Common Pleas
This is an appeal, by the plaintiff, from an order made at special term, appointing a referee to hear and determine the issues in this action.
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This is an appeal, by the plaintiff, from an order made at special term, appointing a referee to hear and determine the issues in this action. The action was brought on a written contract made by and between the plaintiff and the defendants, on the 6th day of July,, 1864. The contract recited that the plaintiff had conveyed to. the defendants a certain mining claim and water-power, near-Austin, Lander county, Territory of Mevada, being two ledges, of silver ore, called Romulus and Remus; and that the defendants proposed to form a corporation, under the laws of the State of Mew York, and make…
1Opinion of the Court
Daly, F. J.
Where the action is one involving the exam*282ination of an account between the parties, in the ordinary acceptation of that term (Van Rensellaer v. Jewett, 6 Hill, 374; Thomas v. Reab, 6 Wend. 504), it is, in its nature, referable, depending upon the fact whether it is or is not a long one, which is to be ascertained by the judge to whom the application for the reference is made, and, with his finding or conclusión upon such a point, an appellate tribunal will not interfere, unless a certificate is obtained from the judge that the point is one of sufficient importance or doubt to…
2Cases cited10 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Tmomas v. ReabNew York Supreme Court · 1830
- Cameron v. FreemanNew York Supreme Court · 1859
- Samble v. Mechanics' Fire InsuranceThe Superior Court of New York City · 1829
- Keeler v. Poughkeepsie & Salt Point Plank Road Co.New York Supreme Court · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Thornton v. Life Ass'n of AmericaMissouri Court of Appeals · 1879
- Magown v. SinclairNew York Court of Common Pleas · 1874
- Dittenhoeffer v. LewisNew York Court of Common Pleas · 1874
- Decker v. SextonAppellate Terms of the Supreme Court of New York · 1896
3 more not listed; retrieve them via the Exa API.