¶1This 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.
5 N.Y.S. 340
Childs v. Mayer
Decided May 18, 1889
New York Supreme Court · decided 1889-05-18
This was an action brought by William H. H. Childs against William Mayer, as executor, etc., of Zizilia Mayer, deceased, to recover the sum of $882.10 for oil sold and delivered.
Decided 1889-05-18