25 N.Y.S. 635 | N.Y. Sup. Ct. | 1893
The order denying the motion for a reference should be affirmed. The account of the defendant consisted of items for services and disbursements as attorney for Joshua Maxwell, deceased, in several actions and in other matters. The account was not of the character contemplated by section 1013 of the Code of Civil Procedure. The granting of the order for a reference was a matter for the exercise of the discretion of the court. Martin v. Hotel Co., 70 N. Y. 101; Godfrey v. Insurance Co., 12 Abb. Pr. (N. Y.) 250.
The serious question in the case arises upon the rulings of the court under the statute of limitations. The action was brought