Hyperlawhypertext legal database August v. National Park Bank 15 N.Y. St. Rep. 1008

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August v. National Park Bank

15 N.Y. St. Rep. 1008 Court N.Y. Gen. Term Decision date 1888-03-28 English

Contents

Majority

p. 1008
SIMON AUGUST, App’lt, v. THE NATIONAL PARK BANK, Resp’t.

Headnote

Practice—Reference—When improper.
Appeal from order of reference.
F. 0. Barlow, for app’lt; H. E. Deming, for resp't.

—It is quite apparent from an examination of the pleadings in this case, and of the contents of the record as well, that if any extended examination be required it will be of accounts between the plaintiffs and their customers, and not between the plaintiffs and the defendant; and for that reason the order of reference was improvidently made, and it should be reversed and the motion denied, with $10 costs and disbursements of the appeal, and $10 costs of motion to abide the event.