Dickinson v. Mitchell

19 Abb. Pr. 286 | N.Y. Sup. Ct. | 1865

By the Court.^*

The order is appealable, as it affects a substantial right.

The bill of particulars in this case is not an account in the ordinary or legal sense of the term. And if it were an account, it would not be a long account, svteh as would justify a compulsory reference.

Formerly four items were held sufficient to constitute a long account; but the later decisions of the courts do not deem this a long account.

The order below must be reversed, with ten dollars costs to defendant, to abide the event of the action.

* Present, Ingraham, P. J., Welles and Clerke, JJ.