Tmomas v. Reab

6 Wend. 503 | N.Y. Sup. Ct. | 1830

By the Court,

Sutherland, J.

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.