Place v. Chesebrough
New York Supreme Court
Appeal from an order directing a reference in an action on contract.
1Opinion of the Court
Brady, J.:
The bills of particulars to the proof of which the plaintiff’s evidence must be directed, consist-of about sixty items, and it abundantly appears, therefore, that the trial of two of the issues of fact, at least, in this controversy, will require the examination of a long account. Indeed, this necessity is not questioned by the appellant. His objections to the reference, indicated by the affidavit read in opposition to the motion therefor, are, that the plaintiff is insolvent and cannot pay the referee’s fees, and that the action is brought in bad faith. Neither of these objections…
2Cases cited2 opinions
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- Van Marter v. HotchkissNew York Court of Appeals · 1864