Legal Opinion

Camp v. . Ingersoll

New York Court of Appeals

Decided October 18, 1881PublishedCited by 63 opinions

Appeal from an order of the General Term of the Superior Court of the city of Hew York, made April 4, 1881, which affirmed an order of Special Term, referring the issues of fact in this action to a referee to hear, try and determine.

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Appeal from an order of the General Term of the Superior Court of the city of Hew York, made April 4, 1881, which affirmed an order of Special Term, referring the issues of fact in this action to a referee to hear, try and determine. The complaint in this action alleged the submission of certain matters in difference between defendants and plaintiff’s assignor, and the making and delivering of an award in pursuance thereof, whereby defendants were required to execute to said assignor their bond obligating them to pay to him the value of three thousand three hundred and eighty-two shares of “…

1Opinion of the Court

Folger, Ch. J.

If it be conceded that this is a suit in equity to compel the specific performance of an award, that alone does not dispose of the question made on this appeal. It would show that the plaintiff has not an absolute right under he Constitution to have a trial of his case by a jury. It would show that it was in the legislative power to provide for a trial of it by referee. It would not show that the legislature has ever done so. It still remains to inquire whether the Code authorized the reference of this case. It was authorized, only if the trial will require the examination of a…

2Cases cited3 opinions

  1. Dederick's Administrators v. RichleyNew York Supreme Court · 1838
  2. Tmomas v. ReabNew York Supreme Court · 1830
  3. Silmser v. RedfieldNew York Supreme Court · 1837

3Cited by63 opinions

  1. Untermyer v. . BeinhauerNew York Court of Appeals · 1887
  2. People v. . WoodNew York Court of Appeals · 1890
  3. Thayer v. . McNaughtonNew York Court of Appeals · 1889
  4. Schanback v. SchanbackAppellate Division of the Supreme Court of the State of New York · 1987
  5. Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893

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