← Cases

William Birns v. Hoagland

215 A.D. 800 Court N.Y. App. Div. English

Contents

Majority

p. 800
William Birns (a Corporation), Appellant, v. John A. Hoagland, Respondent.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that this is not a referable case, and in addition because the answer of the defendant presented no issue as to delivery, reasonable value or agreed price, under section 255-a of the Civil Practice Act.[1] Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.

* Added by Laws of 1923, chap. 196.— [Rep.