Canda v. Robbins
New York Supreme Court
Appeal from special term, Kings county. Action by John M. Canda and John P. Kane against Thomas H. Bobbins, for goods and merchandise sold and delivered. Defendant appeals from an order granting plaintiffs’ motion for an order of reference, under Code Civil Proc. § 1013, on the ground that the trial of the issues herein involved the examination of a long account.
1Opinion of the Court
Pratt, J
It is difficult to understand how the defendant even can think there is any merit in this appeal. The plaintiffs’ bill of particulars contains 51 items, and some of these comprise several deliveries, which would require an examination of the plaintiffs’ books of account, and oblige a jury, in order to do justice, to keep notes of the dates, amounts,tond prices of the articles delivered. Every item of plaintiffs’ account is put in issue by the answer, and will have to be proved upon the trial by reference to their books. It requires the citation of no authorities to show that this…
2Cited by1 opinion
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