Magown v. Sinclair
New York Court of Common Pleas
Appeal by defendants from an order of this court made at special term directing a compulsory reference. The action was brought against the defendants as makers of three several bills of exchange to recover a balance due.
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Appeal by defendants from an order of this court made at special term directing a compulsory reference. The action was brought against the defendants as makers of three several bills of exchange to recover a balance due. The answer claimed that the drafts had been paid in full, and alleged that they had been drawn against certain shipments of corn by the defendants, the bills of lading for which had been indorsed over to the plaintiffs as security for the payment of the drafts, with power to the plaintiffs to sell the corn and apply the proceeds to the payment of the drafts; that before the…
1Opinion of the Court
Daly, Chief Justice.
This is not a case for a reference. To authorize a compulsory reference, the account must not only be a long one, but it must be directly involved. It must be the immediate object of the suit, or the ground of the defense, and not arise collaterally or incidentally. This was held *65by the Court of Appeals in Kain v. Delano (11 Ab. Pr. N. S. 29). The affidavit of the plaintiffs states that the defense set up will involve the examination of a long account, including, among other items, the accounts of the sale of several large shipments of corn, set up in the answer, which…
2Cases cited3 opinions
- Turner v. TaylorNew York Court of Common Pleas · 1867
- Shaw v. AyrsNew York Supreme Court · 1825
- Van Marter v. HotchkissNew York Court of Appeals · 1864
3Cited by6 opinions
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- People ex rel. Desiderio v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1925
- Hemmerich v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1937
- Reiser v. PlathNew York Court of Common Pleas · 1891
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