Dittenhoeffer v. Lewis
New York Court of Common Pleas
Appeal by defendant from an order of this court made at special term, directing (against the defendant’s opposition), a reference to hear and decide the issues, on the ground that the trial would require the examination of a long account. The action was brought to recover $5,000 for the services of the plaintiff as attorney and counsel, and the plaintiff served a bill of particulars, which extended over a period of several years, and included about thirty items.
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Appeal by defendant from an order of this court made at special term, directing (against the defendant’s opposition), a reference to hear and decide the issues, on the ground that the trial would require the examination of a long account. The action was brought to recover $5,000 for the services of the plaintiff as attorney and counsel, and the plaintiff served a bill of particulars, which extended over a period of several years, and included about thirty items. The defendant answered—1, by denying any indebtedness ; 2, by a general averment of payment in full for all services rendered by…
1Opinion of the Court
Daly, Chief Justice.
The stipulation filed by the defendant admits that all the services mentioned in the bill of particulars were rendered at the times therein stated, except two items in the bill (of $500 and $375), to which the defense of the statute of limitations is set up. This disposes of the question of the plaintiff’s right to a reference. The two items excepted relate each to distinct subject-matters, and do not in themselves constitute an account. They are not even in the bill separated into items, and all that the plaintiff will have to show is what he did under these two heads,…
2Cases cited3 opinions
- Tmomas v. ReabNew York Supreme Court · 1830
- Turner v. TaylorNew York Court of Common Pleas · 1867
- M'Cullough v. BrodieThe Superior Court of New York City · 1856
3Cited by4 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Felt v. TiffanyNew York Supreme Court · 1877
- Hull v. AllenNew York Court of Common Pleas · 1883
- Watson v. CooneyThe Superior Court of New York City · 1888