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Beves v. Post

141 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1913-05-23 English

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p. 1109
BEVES v. POST.
(Supreme Court, Appellate Division. First Department.
May 23, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Arthur S. Beves against Mary E. Post, as executrix. From an order directing a compulsory reference, defendant appeals. Reversed. M. H. Cane, of New York City, for appellant. D. Flannagan, of New York City, for respondent.

It is apparent that this case can be tried before a jury, and in view or the nature of the services rendered no long account is presented, which would justify the court in referring the case against the wish of the defendant. The order appealed from must be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.