Connor v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John J. Jackson, as executor, etc., of Margaret Jackson, deceased, from an order of the Supreme Court, made at the Kings County Special _Tenn and entered in the office of the clerk of the county of Kings on the 11th day of May, 1900, granting the plaintiffs’ motion to refer the issues on the ground that the trial of the action would require the examination of a long account.
1Opinion of the Court
Willard Bartlett, J.:
The complaint sets out three causes of action: One, for a balance due for goods sold and delivered; the second for rent; and the third for money paid to the use of the defendant’s decedent. There is no doubt that the trial of the first cause of action will require the examination of a long account; and it is conceded that if the complaint contained nothing further the action would be referable. The appellant insists, however, that the examination of a long account will not be required in the determination of the issues arising upon the second and third causes of action,…
2Cases cited1 opinion
- Place v. . ChesebroughNew York Court of Appeals · 1875
3Cited by3 opinions
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Hill v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1907
- Durwood v. DubinskySupreme Court of Missouri · 1956