Van Orden v. Tilden
New York Court of Common Pleas
Appeal from an order of this court referring an action to a referee to hear and determine. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
This case comes within the rule laid down by the Court of Appeals, in Welsh v. Darragh (52 N. Y. 590), that if the facts show that the examination of a long account may be necessary, and the court below has decided to refer the action, an ap*397pellate court wiU not interfere; that it will do so only where it is palpable that no such account can be involved. The bill of particulars there was for the sale and delivery of various articles of merchandise, consisting of twenty-six items. The defendant admitted that he had the number and quantity, but not the articles…
2Cases cited6 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Harris v. BradshawNew York Supreme Court · 1820
- Samble v. Mechanics' Fire InsuranceThe Superior Court of New York City · 1829
- Swift v. WellsNew York Supreme Court · 1846
- Johnson v. ParmelyNew York Supreme Court · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Britton v. MarksAppellate Division of the Supreme Court of the State of New York · 1905
- Britton v. MarksAppellate Division of the Supreme Court of the State of New York · 1905
- Watson v. CooneyThe Superior Court of New York City · 1888