Miller v. Hooker

Headnote

One bill of lading, composed of any number of different articles, is considered but one item, on the trial of a cause. A motion for reference on one bill of lading, containing nieven different items, or articles, as requiring the examination of a long account, will be denied with costs. (See 2 Howard, 19 .)

Motion by plaintiff for a reference.

Plaintiff’s affidavit stated that the action was assumpsit; the declaration contained three counts, and declared for work, labor and services, in carrying for the defendant, *at his request, a quantity of flour and ashes, from the city of Buffalo to the city of Troy. The plea was the general issue, and the trial of the cause would require the examination of a long account on the part of the plaintiff. Defendant showed that the plaintiff’s bill of particulars contained one bill of lading only, and that was composed of eleven different items.