Place v. . Chesebrough
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, referring the action to a referee “ to hear and determine the whole issues.” (Reported below, 4 Hun, 577.) The complaint contained three counts.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, referring the action to a referee “ to hear and determine the whole issues.” (Reported below, 4 Hun, 577.) The complaint contained three counts. The first was for moneys advanced and paid out for defendant’s benefit; the second for services from January 1 to August 15,1874, alleged to be reasonably worth $1,875; the third for moneys paid out and advanced by plaintiff, at defendant’s request, for the support and maintenance of defendant’s son. The answer denied the…
1Opinion of the CourtMiller, J.
There can be no question that the plaintiff’s complaint and the bill of particulars served show that the trial of this action will require the examination of a long account. As to two of the claims set forth this is not denied. But the proposition is, that where there is one of several issues in an action on contract, which does not require the examination of a long account, a reference cannot be directed. This assumption is based upon the ground that three separate causes of action are stated in the complaint; and one of them, the second, being for a specific service, at a sum specified, is…
2Cited by3 opinions
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Connor v. JacksonAppellate Division of the Supreme Court of the State of New York · 1900
- Durwood v. DubinskySupreme Court of Missouri · 1956