Davidson v. Equitable Life

There can be no question that the issues tendered by the defendant’s answer in support of the affirmative defense should be tried before a referee, rather than before a jury. Some 90 and more items of an account are to be involved in actual dispute, and it is obvious that the controversy cannot be intelligently determined upon a jury trial. Unless some technical rule stands in the way, therefore the more' appropriate form of trial before a referee should be ordered, and, as this case is presented the motion is clearly within the power of the court to grant.

The rule that, where the complaint…