Dickinson v. Mitchell
New York Supreme Court
Appeal from an order of reference. This was an action for work and labor, and legal services rendered by the plaintiff as counsel for defendant, claiming two thousand dollars. On demand by defendant, a hill of particulars was put in by plaintiff, containing five distinct items of charges on the debit ■side, and one item on the credit side. The defendant pleaded a general denial, and also set out a special defence.
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Appeal from an order of reference. This was an action for work and labor, and legal services rendered by the plaintiff as counsel for defendant, claiming two thousand dollars. On demand by defendant, a hill of particulars was put in by plaintiff, containing five distinct items of charges on the debit ■side, and one item on the credit side. The defendant pleaded a general denial, and also set out a special defence. On motion of plaintiff’s counsel, setting forth by affidavit that the examination of a long account would be required on part of plaintiff, which was opposed by defendant, claiming…
1Opinion of the Court
By the Court.*
The order is appealable, as it affects a substantial right.
*288The bill of particulars in this case is not an account in the ordinary or legal sense of the term. And if it were an account, it would not be a long account, svteh as would justify a compulsory reference.
Formerly four items were held sufficient to constitute a long account; but the later decisions of the courts do not deem this a long account.
The order below must be reversed, with ten dollars costs to defendant, to abide the event of the action.
Present, Ingraham, P. J., Welles and Clerke, JJ.
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