New York Supreme Court, 1889

Childs v. Mayer

New York Supreme Court · Decided May 18, 1889 · Dykman

5 N.Y.S. 340; 1 Silv. Sup. 335; 24 N.Y. St. Rep. 343; 52 Hun 615; 1889 N.Y. Misc. LEXIS 2976 (New York Supplement)

Counsel

William B. Lynes, (Frederic A. Ward, of counsel,) for appellant. John L. Shirley, (Samuel D. Morris, of counsel,) for respondent.

Opinion of the Court

Dykman, J

This is an appeal from a compulsory order of reference made upon the theory that the trial of the action will involve the examination of a long account. An examination of the pleadings is sufficient to show that the result of the trial will be controlled by the question of warranty involved in the case; but in any view there is no such account as the law requires to justify a compulsory reference. The order appealed from should be reversed, with $10 costs and disbursements.

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