¶1The offer to refer claim may be by paroi. Lanning v. Swarts, 9 How. Pr. 434. Proof of refusal to refer is substantially uncontradicted, and this entitles plaintiff to'costs as a matter of right. Rooney v. Lenmon, 3 Law Bull. 101; Snyder v. Snyder, 26 Hun, 324. Accordingly, certificate of right to costs and an additional allowance of $100.
13 N.Y.S. 559
Roberts v. Pike
New York Court of Common Pleas
Decided December 9, 1890
New York Court of Common Pleas · decided 1890-12-09
At chambers. . Action against defendant, executrix, etc., of Daniel J. Stock, deceased, for board and rooms alleged to have been furnished testator’s wife for a period of three yéars. Defendant answered that testator and his wife had lived separate and apart during all this time, according to an agreement by which testator was to furnish her specified sums for her support; that he had fulfilled his agreement; and that plaintiff had knowledge thereof.
Relies on Lanning v. Swarts
Decided 1890-12-09