Continental Insurance v. Phenix Insurance — 29 N.Y. St. Rep. 362

Majority

p. 362

The Continental Insurance Co., Resp’t, v. The Phenix Insurance Co., App’lt.

(Supreme Court, General Term, First Department,

Filed January 24, 1890.)

Reference—Compulsory.

A compulsory reference should not be ordered where it appears that the examination of the account is only collateral to the main issue.

Appeal from order of reference.

J. A. Shoudy, for app’lt; Barney & Wells, for resp’t.

We think the order of reference granted in this case should be reversed upon the authority of Camp v. Ingersoll, 86 N. Y., 433 .

It is quite apparent that whatever examination of accounts is to be made, it is of one collateral to the main issue presented by the pleadings.

The order should be reversed, with ten dollars costs and disbursements.

Van Brunt, P. J., Brady and Daniels, JJ., concur.