Canda v. Robbins — 7 N.Y.S. 895

Majority

p. 895

Canda et al. v. Robbins.

(Supreme Court, General Term, Second Department.

December 10, 1889.)

Headnote

Reference—Long Accounts.

In an action for goods sold and delivered, plaintiffs’ bill of particulars contained 51 items, some of them comprising several deliveries, all of which would have to

p. 896

be proved on trial by their books, as they were put in issue by the answer. Meld, that an order of reference was properly granted, under Code Civil Proc. § 1013, authorizing a reference in cases involving a long account.

Appeal from special term, Kings county.

Action by John M. Canda and John P. Kane against Thomas H. Bobbins, for goods and merchandise sold and delivered. Defendant appeals from an order granting plaintiffs’ motion for an order of reference, under Code Civil Proc. § 1013, on the ground that the trial of the issues herein involved the examination of a long account.

Argued before Barnard, P. J., and Dykman and Pratt, JJ.

Brandt & Robbins, for appellant. J W. Shepard, for respondents.

It is difficult to understand how the defendant even can think there is any merit in this appeal. The plaintiffs’ bill of particulars contains 51 items, and some of these comprise several deliveries, which would require an examination of the plaintiffs’ books of account, and oblige a jury, in order to do justice, to keep notes of the dates, amounts,tond prices of the articles delivered. Every item of plaintiffs’ account is put in issue by the answer, and will have to be proved upon the trial by reference to their books. It requires the citation of no authorities to show that this order falls directly within the provision of the Code of Civil Procedure authorizing a reference.

Order affirmed, with costs. All concur.