Continental Bank Note Co. v. Industrial Exhibition Co.

Headnote

Order of reference — long account.

The complaint contained two counts, each for work, labor and materials. The services were performed, and materials furnished, in engraving and printing a large number of bonds, coupons and certificates. From the schedule appended to the complaint, it could not certainly be determined whether the cause was referable. Plaintiff’s agent made an_ affidavit, which was used on the motion, which stated positively that the trial of the action would require the examination of a long account. The answer was a general denial, and the affidavit of plaintiff’s agent was in-no way controverted; held, that the court had sufficient before it, to justify the making of an order referring the cause.

Appeal from an order, made by Mr. Justice Lawrence, referring this action to a referee to hear and determine the whole issues therein.