Hill v. Reynolds
Appellate Division of the Supreme Court of the State of New York
Appeal by the .defendants," George G. Reynolds and others, from an order of the' Supreme Court, made at the Schuyler Special Term and"entered in the office of the clerk of the county of Schuyler on •the 19tli"day of December, 1906, referring the above-entitled action toa referee designated by said order.
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Appeal by the .defendants," George G. Reynolds and others, from an order of the' Supreme Court, made at the Schuyler Special Term and"entered in the office of the clerk of the county of Schuyler on •the 19tli"day of December, 1906, referring the above-entitled action toa referee designated by said order. The plaintiffs allege for a first cause of action that in December,. ■ 1902, they were and now are the owners of the lands described in the.complaint; that December 15,1902, .they entered into a written ■ agreement with the defendant George G. Reynolds, wherein they authorized him to drill a…
1Opinion of the Court
Sewell, J.:
It is plain that the primary purpose of this action is to- obtain an accounting, and that the trial will require the examination of a long account as to three of the causes of action set forth in the complaint. The fact that the second cause of action may be regarded as calling for a determination of. the rights of the parties independent of the state of their accounts did not deprive the court of the power to refer. •
It has been repeatedly held -that where one count or one cause"of action requires the examination of a long account the action is referable.. (Whitaker v. Desfosse, 7…
2Cases cited4 opinions
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- C. & C. Electric Co. v. Walker Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Hilton v. HughesAppellate Division of the Supreme Court of the State of New York · 1896
- Connor v. JacksonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Charrier v. JacobsonNew York Supreme Court · 1949
- International Worsted Mills v. Priestleys, Ltd.Appellate Division of the Supreme Court of the State of New York · 1922