Smith v. Brown

Headnote

A bill of particulars served by Defendant, containing seven items for money paid, goods sold, ' and money lent, all of the same date, except three: Held, not a sufficient account to entitle the Plaintiff to a reference, in an action of assumpsit on a promissory note.

Motion by Plaintiff for reference.—This was an action of assumpsit, commenced by declaration, with a copy of a promissory note annexed, and notice that it was the plaintiff’s only cause of action, and his bill of particulars in the cause.

Defendant pleaded the general issue and gave notice of set-off generally. Defendant’s attorneys served a bill of particulars, as follows: 1846, May 16. To cash paid by Defendant to Bensselaer County Mutual Insurance Company, for Plaintiff, for assessment declared June 19,1845, on his premium note, $74 62, to said company, policy Ho. 1516, of said Company, issued to him,....... 22

“ “ “ Other money paid by Defendant to Bensselaer County Mutual Insurance Company for Pl’tiff., 5 22

“ “ “ Other money paid by Defendant to Benj. Wilkeson, agent for Bensselaer County Mutual Insurance Company for Plaintiff “ “ “ Other money paid by Defendant to Benj. 5 22

Wilkeson for Plaintiff, .... 1846, Aug. 1. Twelve lbs. Sugar, at 9 cents, sold and delivered by Defendant to Plaintiff, 5 22 1 08

“ “ One lb. Young Hyson Tea, at 6s., sold and delivered by Defendant to Plaintiff, 75

“ “ “ Cash lent by Defendant to Plaintiff, 163 81

Issue was joined Oct. 2,1846. Plaintiff moved on an affidavit, which stated that tire trial of the cause would require the examination of a long account on the part of the Defendant as he believed, and as he learned from Defendant’s attorneys, and the Defendant’s hill of particulars in the cause—Plaintiff’s counsel cited 1 John. Cases, 116; 4 Hill, 64 , 648. . ,