Legal Opinion

Keeler v. Poughkeepsie & Salt Point Plank Road Co.

New York Supreme Court

Decided September 15, 1854PublishedCited by 5 opinions

The plaintiff was the contractor to build the plank road of the defendants. He claims that the company violated the contract, so that he is entitled to recover of them on the quantum meruit. The defendants deny the violation of the contract, set up payment, and that the contract, soon after it was entered into, was assigned to the plaintiff, and that the assignee has been paid.

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The plaintiff was the contractor to build the plank road of the defendants. He claims that the company violated the contract, so that he is entitled to recover of them on the quantum meruit. The defendants deny the violation of the contract, set up payment, and that the contract, soon after it was entered into, was assigned to the plaintiff, and that the assignee has been paid. The case has been noticed for trial at the present circuit, and defendants now move to refer it, because the trial will involve the examination of a long account.

1Opinion of the Court

Dean, Justice.

I think the motion must be denied, for two reasons. If the defendants’ answer is true, the trial will not involve the examination of any account; and defendant at least must be held bound by his own allegations.

But even if the plaintiff’s view of the case is correct, before it can be established, that issue is to be tried, and then, if decided in the plaintiff’s favor, it may be necessary to examine the accounts of the parties. If that issue is found for the defendants, then no accounts are to be examined. A reference can only be compelled where the court can see by the…

2Cited by5 opinions

  1. Turner v. TaylorNew York Court of Common Pleas · 1867
  2. Thornton v. Life Ass'n of AmericaMissouri Court of Appeals · 1879
  3. Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
  4. Schermerhorn v. WoodNew York Court of Common Pleas · 1871
  5. Ross v. Mayor of New YorkThe Superior Court of New York City · 1866

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