Butterly v. Deering
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James N. Butterly, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of December, 1912, denying plaintiff’s motion for a trial by jury of one of the issues.
1Opinion of the Court
Carr, J.:
In this action the plaintiff moved for the appointment of a referee to hear and determine the issues. On the return day of the motion the defendant appeared in court by counsel, who in open court consented to an order of reference. The court thereupon granted the motion, and appointed a referee to hear and determine the issues. After a trial before the referee .judgment was entered in favor of the plaintiff. This judgment was reversed in this court and a new trial granted, a majority of the court being of opinion that the judgment was against the weight of evidence. (Butterly v.…
2Cases cited5 opinions
- Knowlton v. . AtkinsNew York Court of Appeals · 1892
- Brown v. Root Manufacturing Co.New York Court of Appeals · 1896
- Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Butterly v. DeeringAppellate Division of the Supreme Court of the State of New York · 1912
- Lennon v. SmithNew York Court of Common Pleas · 1892
3Cited by4 opinions
- Carney v. Penn Realty Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Federal Fuel Co. v. MacyNew York Supreme Court · 1927
- Petruzzo v. PetruzzoNew York Supreme Court · 1959
- Butterly v. DeeringAppellate Division of the Supreme Court of the State of New York · 1913