Snell v. Niagara Paper Mills

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Held that, as the cause of action set forth in the complaint was not referable, and was denied by the answer, and the long account was contained in the counterclaim, the Special Term had no authority to grant the order of reference. Steck v. Colorado Fuel & Iron Co., 142 N. Y. 236, 37 N. E. 1, 25 L. R. A. 67.

dissent, on the authority of Irving v. Irving, 90 Hun, 423, 35 N. Y. Supp. 744, affirmed 149 N. Y. 573, 43 N. E. 987.