Rickey v. Bowne
New York Supreme Court
IN ERROR, on certiorari, to a Justice’s Court. B. brought an action of trespass on the case, against R,, who pleaded the general issue, with notice of a set-off. The plaintiff and defendant, with one George Weeks, made a . ' 07 joint contract, as carpenters, to build a barn for A., for which ^ ' they were to receive 150 dollars.
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IN ERROR, on certiorari, to a Justice’s Court. B. brought an action of trespass on the case, against R,, who pleaded the general issue, with notice of a set-off. The plaintiff and defendant, with one George Weeks, made a . ' 07 joint contract, as carpenters, to build a barn for A., for which ^ ' they were to receive 150 dollars. They worked together, lurnisned materials and provisions, and paid money to la-bourers, upon the job, in unequal proportions, and the accounts between them were unsettled. The object of the suit was to recover a balance claimed to be due to the plaintiff, from the…
1Per curiam
Partnership accounts may be adjusted and closed, either by a suit in equity, or by an action of account at law. The acts constituting the Courts of Justices of the Peace, give jurisdiction only in actions of “ debt, detinue, covenant, trespass, and trespass on the cased’ The action of account is not comprised in this enumeration; and the peculiar mode of trial by auditors, is not provided for in those acts. The Justice, therefore, had no jurisdiction.
As to the second objection, we think it not founded. The Costs óf a venire must always abide the event.
Judgment reversed.
2Cited by1 opinion
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