Dewey v. National Surety Co.

Appellate Division of the Supreme Court of New York

Dewey v. National Surety Co.

222 A.D. 783

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1927·Published·Cited by 2 cases

Opinion

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the action does not involve a long account >vithin the meaning of section 466 of the Civil Practice Act; while numerous items are involved they are items of damage, which were merely incidental and do not constitute an account between the parties. (Camp v. Ingersoll, 86 N. Y. 433; Untermyer v. Beinhauer, 105 id. 521; Johnson v. Atlantic Ave. R. R. Co., 139 id. 449; Townsend v. Hendricks, 40 How. Pr. 143, 162,163; Steck v. C. F. & I. Co., 142 N. Y. 236; Snell v. Niagara Paper Mills, 193 id. 433.) Cochrane, P. J., Van Kirk, McCann, Davis and Whitmyer, JJ., concur.

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Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the action does not involve a long account >vithin the meaning of section 466 of the Civil Practice Act; while numerous items are involved they are items of damage, which were merely incidental and do not constitute an account between the parties. (Camp v. Ingersoll, 86 N. Y. 433; Untermyer v. Beinhauer, 105 id. 521; Johnson v. Atlantic Ave. R. R. Co., 139 id. 449; Townsend v. Hendricks, 40 How. Pr. 143, 162,163; Steck v. C. F. & I. Co., 142 N. Y. 236; Snell v. Niagara Paper Mills, 193 id. 433.) Cochrane, P. J., Van Kirk, McCann, Davis and Whitmyer, JJ., concur.

Dewey v. National Surety Co., 222 A.D. 783 (N.Y. Ct. App. 1927).

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Opinion

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