Maryott v. Thayer
The Superior Court of New York City
Appeal from an order of reference. The action was to recover a sum of money received by the defendant to the plaintiff’s use. The complaint alleged the recovery of a judgment in an action in which the defendant, an attorney at law, was the plaintiff’s attorney; an assignment of the judgment to the plaintiff in this action, and the collection of it by the defendant.
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Appeal from an order of reference. The action was to recover a sum of money received by the defendant to the plaintiff’s use. The complaint alleged the recovery of a judgment in an action in which the defendant, an attorney at law, was the plaintiff’s attorney; an assignment of the judgment to the plaintiff in this action, and the collection of it by the defendant. The defendant, as separate defenses or counterclaims, or set-offs, alleged the advancing and paying out of money, and the performing of labor and services, aggregating a large number of items. Upon the pleadings, and an affidavit…
1Opinion of the Court
By the Court.—Monell, Ch. J.
Among the cases where the court is authorized to direct a reference is “ where the trial of an issue of fact shall require the examination of a long account on either side ” (Code, § 271, sub. 1). Under this provision it was held, in some cases, that the court could refer all the issues, if any one of them required the examination of a long account, notwithstanding that as to such other issues the parties had an absolute right of trial by jury (see Whittaker v. De Fosse, 7 Bosw. 678; Batchelor v. Albany City Insurance Company, 1 Sweeny, 346). But recent decisions…
2Cases cited4 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Townsend v. HendricksNew York Court of Appeals · 1870
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869