New York Supreme Court, 1830

Tmomas v. Reab

Tmomas v. Reab
New York Supreme Court · Decided December 22, 1830 · Sutherland
6 Wend. 503

Counsel

J. Willard, for the plaintiff., J. Edwards, for defendant.

Tmomas v. Reab

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.