Tmomas v. Reab
6 Wend. 503 | N.Y. Sup. Ct. | 1830
By the Court,
It may well be that the trial of a cause in an action of covenant may require the examination of a long account, but this is not such a case. There is nothing of the nature of an account in it, although there may be sundry items of damage. The statute authorizes a reference only where the matter in controversy arises upon an account existing between the parties. The cause is not referable, and the order for reference must be vacated.
Motion granted.
