Willard v. Doran & Wright Co.
New York Supreme Court
Appeal from special term, Rensselaer county; Stephen L. Mayham, Justice. Action by William M. Willard against Doran & Wright Co., Limited, a corporation of the class known as “limited liability companies, ” to recover money lost and paid on wagers. Order referring the issues to a referee, and defendant appeals.
1Opinion of the CourtLearned, P. J.
The opinion of the learned justice who granted the order ■of reference shows that the principal ground taken by the defendants before him was that the action was one for penalties or forfeiture. On this appeal, however, the defendants urge, rather, that the action is not on contract and therefore that it cannot be referred. Townsend v. Hendricks, 40 How. Pr. 143. The learned justice, following the language of McDougall v. Walling, 48 Barb. 364, speaks of defendant’s liability as on “an implied contract.” There has been some inaccuracy in the use of this phrase. If it is applied ■only to cases…
2Cases cited4 opinions
- Meech v. . StonerNew York Court of Appeals · 1859
- Townsend v. HendricksNew York Court of Appeals · 1870
- McDougall v. WallingNew York Supreme Court · 1867
- Betts v. Hillman.New York Court of Common Pleas · 1862