Tmomas v. Reab
New York Supreme Court
Motion to vacate rule for reference ordered by a circuit judge. The action was covenant, on a lease by a landlord against his tenant- The tenant had covenanted not to cut green or growing timber on the demised premises during the term ; to make all necessary repairs, during the term, at his own expense ; to keep the premises in tenantable repair, and at the expiration of the term, deliver them up in such repair. The plaintiff assigned breaches of each of those covenants.
Read the full summary
Motion to vacate rule for reference ordered by a circuit judge. The action was covenant, on a lease by a landlord against his tenant- The tenant had covenanted not to cut green or growing timber on the demised premises during the term ; to make all necessary repairs, during the term, at his own expense ; to keep the premises in tenantable repair, and at the expiration of the term, deliver them up in such repair. The plaintiff assigned breaches of each of those covenants. The defendant pleaded non est jactum, general performance, special performance, denial, and licence to cut timber. The…
1Opinion of the Court
By the Court,
Sutherland, J.
It may well be that the trial of a cause in an action of covenant may require the examination of a long account, but this is not such a case. There is nothing of the nature of an account in it, although there may be sundry items of damage. The statute authorizes a reference only where the matter in controversy arises upon an account existing between the parties. The cause is not referable, and the order for reference must be vacated.
Motion granted.
2Cited by20 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- United States v. RathboneU.S. Circuit Court for the District of Southern New York · 1828
- Silmser v. RedfieldNew York Supreme Court · 1837
- Loverin v. Lenox Corp.Appellate Division of the Supreme Court of the State of New York · 1898
- Turner v. TaylorNew York Court of Common Pleas · 1867
15 more not listed; retrieve them via the Exa API.