Hassard v. Warner

The answer admits the allegations of the complaint and sets up a counterclaim for professional services as attorney to an amount exceeding plaintiff’s claim. The case comes within the rule laid down in Randall v. Sherman, 131 N. Y. 670, and Feeter v. Arkenburgh, 147 id. 237. Order appealed from reversed, with costs.

Fitzsimons, Ch. J., concurs.

I think the service of reply puts in issue the matter that requires the offices of a referee and that the order should be affirmed. For this reason I dissent.

Order reversed, with costs.