Johnson v. Atlantic Avenue Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made the second Monday of December, 1892, which reversed an order of Special Term denying a motion for the appointment of a referee and granted said motion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made the second Monday of December, 1892, which reversed an order of Special Term denying a motion for the appointment of a referee and granted said motion. This action was brought to recover damages for a breach of a contract, whereby defendant leased to plaintiffs all its franchises and rights to construct, maintain and operate a street railroad in the city of Brooklyn, and to obtain for them the franchises and consents necessary to enable them to construct and operate a cable road. The complaint…
1Opinion of the CourtPeckham, J.
The order of the General Term in this case is, as we think, clearly wrong. The complaint shows that the action is one where a reference cannot be compelled. It is an action to recover from defendant unliquidated damages for its violation of the contract entered into by the parties thereto.
The complaint alleges that in order to enable plaintiffs to fulfill their contract it was necessary for them to expend large sums of money in the purchase of real estate, machinery, cars, horses, hiring employees and other expenses of construction for said railroad, and that by reason of defendant’s breach…
2Cases cited1 opinion
- Camp v. . IngersollNew York Court of Appeals · 1881
3Cited by1 opinion
- Daley v. KennettSupreme Court of New Hampshire · 1910