Empire State Telephone & Telegraph Co. v. Bickford
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the tifth judicial department, made October 3,1893, which affirmed an order of Special Term appointing a referee to hear and determine the issues in this action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the tifth judicial department, made October 3,1893, which affirmed an order of Special Term appointing a referee to hear and determine the issues in this action. The nature of the action and the facts, so far as material, are stated in the opinion. The court has power to refer issues to hear and determine where the trial will require the examination of a long account and will not require the decision of difficult questions of law. (Code Civ. Pro. § 1013 ; Townsend v. Hendricks, 40 How. Pr. 143 ; Dedricks v. Richley, 19 Wend. 109.)…
1Opinion of the Court
Per Guriam.
The plaintiff .characterizes his action as one brought for an accounting by defendant in respect to his transactions as agent of the plaintiff in the management of its Cortland exchange, and the complaint specifies the particulars in which such accounting is asked, as follows:(1) In respect to receipts and disbursements by defendant of money belonging to plaintiff between the years 1884 and 1893.(2) In respect to the conversion of certain personal property belonging to plaintiff and intrusted to the possession of the defendant as part of the necessary machinery of the work to be…
2Cited by3 opinions
- Fisher v. TuttleAppellate Division of the Supreme Court of the State of New York · 1914
- In re Davis' EstateNew York Supreme Court · 1895
- Irving Trust Co. v. McKeeverDistrict Court, E.D. New York · 1941