Swift v. Wells
New York Supreme Court
Motion by defendant for a reference. It appeared from defendant’s papers that the declaration in this cause contained seven counts in assumpsit; the pleas were the general issue with notice of set-off and plea of payment. The cause was once tried at the circuit, and verdict rendered for the plaintiffs; a new trial was subsequently ordered by this court, and the cause was again noticed for trial.
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Motion by defendant for a reference. It appeared from defendant’s papers that the declaration in this cause contained seven counts in assumpsit; the pleas were the general issue with notice of set-off and plea of payment. The cause was once tried at the circuit, and verdict rendered for the plaintiffs; a new trial was subsequently ordered by this court, and the cause was again noticed for trial. The plaintiffs’ bill of particulars contained a list of fifty items; and the defendant’s bill of particulars seven items; that it required the examination of a long account on the part of the…
1Opinion of the Court
Brojstsoh, Chief Justice.
Denied the motion, on the ground that one bill of goods, containing fifty different items, delivered at the same time, was in fact but one item.
2Cited by5 opinions
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