Hilton v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Hughes, from an order of The Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of March, 1896, referring the issues in the action to a .referee to hear and determine the same. The reference was ordered without the defendant’s consent and against his objection, on the ground that the trial would involve the examination of a long account.
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Appeal by the defendant, John M. Hughes, from an order of The Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of March, 1896, referring the issues in the action to a .referee to hear and determine the same. The reference was ordered without the defendant’s consent and against his objection, on the ground that the trial would involve the examination of a long account. The action was brought in equity, the complaint alleging unauthorized and unlawful acts on the part of the defendant with reference to the…
1Opinion of the Court
Williams, J.:
We are of the opinion that the trial of this action did not involve the examination of a long account within the provision of the Code *227of Civil Procedure, so as to authorize the court to order a reference against the objection of the defendant.
The examination of a large account was not necessarily involved. The examination of any account was dependent upon the determination of the question whether the relations of the parties were' those of principal and agent, or not; whether the wrongful acts alleged were committed by the defendant or not. The court should itself have…
2Cases cited1 opinion
- Camp v. . IngersollNew York Court of Appeals · 1881
3Cited by5 opinions
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Fisher v. TuttleAppellate Division of the Supreme Court of the State of New York · 1914
- Hill v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1907
- Durwood v. DubinskySupreme Court of Missouri · 1956
- George F. Lee Coal Co. v. MeekerNew York Supreme Court · 1904