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Canavan Brothers Co. v. Automobile Club

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 1907
121 App. Div. 751 (N.Y. App. Div. 1907)

Opinion

November 8, 1907.

Franklin Nevins, for the appellant.

William W. Niles, for the respondent.


While the court had power to refer the issues in this action to a referee for trial the parties had a right to a trial by jury unless it clearly appeared that such a trial was impracticable. As the court at Special Term has decided that such a trial was practicable and has, therefore, denied the motion for a reference, we do not think that upon these papers we should reverse that determination. The affirmance of this order, however, is without prejudice to the court at Trial Term when the case should be brought on for trial, ordering the issues to be tried before a referee if it should then appear that a trial by a jury was impracticable.

The order appealed from is, therefore, affirmed, with ten dollars costs and disbursements of the appeal to the party in whose favor final judgment is awarded.

PATTERSON, P.J., CLARKE, SCOTT and LAMBERT, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements to the party in whose favor final judgment is awarded. Settle order on notice.


Summaries of

Canavan Brothers Co. v. Automobile Club

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 1907
121 App. Div. 751 (N.Y. App. Div. 1907)
Case details for

Canavan Brothers Co. v. Automobile Club

Case Details

Full title:CANAVAN BROTHERS COMPANY, Appellant, v . THE AUTOMOBILE CLUB OF AMERICA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 8, 1907

Citations

121 App. Div. 751 (N.Y. App. Div. 1907)
106 N.Y.S. 672