Legal Opinion

Hedges v. Methodist Church of Williamsburgh

New York Supreme Court

Decided August 15, 1897PublishedCited by 3 opinions

Motion for a reference in an action requiring the examination ■of a long account.

1Opinion of the CourtRussell, J.

It is ■ clear that in an action for services to be' proven as upon a quantum meruit, a compulsory reference cannot be had solely because the plaintiff splits his charges upon one retainer into numerous items all Of which may be grouped upon the trial in one estimate of value. Randall v. Sherman, 131 N. Y. 669; Untermyer v. Beinhauer, 105 id. 521; Feeter v. Arkenburgh, 147 id. 237.

It is practicable for a jury in listening to the detailed statement for services rendered in the litigation, to group together the work doné? and form, an estimate- as to- the value of the whole, even *175though many…

2Cited by3 opinions

  1. Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
  2. Lewis v. SnookAppellate Division of the Supreme Court of the State of New York · 1903
  3. Lewis v. SnookAppellate Division of the Supreme Court of the State of New York · 1903

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