Legal Opinion

Cameron v. Freeman

New York Supreme Court

Decided March 15, 1859PublishedCited by 7 opinions

Motion for reference. The action was for an accounting. The complaint set forth a partnership adventure between two firms, and alleged that plaintiff had, by assignment, succeeded to the interest of a member of one of the firms, and alleged that a settlement of accounts which had been made, was obtained by defendant’s false representations, and without plaintiff’s knowledge.

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Motion for reference. The action was for an accounting. The complaint set forth a partnership adventure between two firms, and alleged that plaintiff had, by assignment, succeeded to the interest of a member of one of the firms, and alleged that a settlement of accounts which had been made, was obtained by defendant’s false representations, and without plaintiff’s knowledge. The answers denied the interest of the plaintiff in the adventure, and also the grounds on which he sought to open the settlement of account.

1Opinion of the CourtHarris, J.

—It is declared by the first subdivision of section 271 of the Code, that the court may, without the consent of the parties, direct a reference “ where the trial of an issue of fact shall require the examination of a long account on either side.” Substantially the same provisions had long before existed. (2 Rev. Stat., 384, §§ 39, 41.) Under these provisions, it was well settled that a reference could not be ordered against the will of any of the parties, unless the accounts to be examined were directly in issue. An action for a tort was never referable, although it frequently happened that…

2Cases cited2 opinions

  1. Dederick's Administrators v. RichleyNew York Supreme Court · 1838
  2. Silmser v. RedfieldNew York Supreme Court · 1837

3Cited by7 opinions

  1. Druse v. HorterWisconsin Supreme Court · 1883
  2. Turner v. TaylorNew York Court of Common Pleas · 1867
  3. Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
  4. McCall v. MoschowitzNew York Court of Common Pleas · 1886
  5. Goodyear v. BrooksThe Superior Court of New York City · 1866

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