Masterton v. Howell

New York Court of Common Pleas

Masterton v. Howell

10 Abb. Pr. 118

CourtNew York Court of Common Pleas

DecidedMay 15, 1859

StatusPublished

Cited by1 cases

This text of 10 Abb. Pr. 118 (Masterton v. Howell) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Masterton v. Howell, 10 Abb. Pr. 118 (N.Y. Super. Ct. 1859).

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Opinion

Hilton, J.

—The plaintiff sues to recover compensation for indorsing negotiable paper for the defendant, to enable him to procure the same to be discounted; and it is alleged that this [119]*119was done upon the defendant’s promise to pay a reasonable compensation therefor.

The number of notes thus indorsed is not stated; but it is alleged that they exceeded twenty, and that the amount was over $75,000.

To determine the compensation to which the plaintiff may be entitled under this agreement, it will be necessary to ascertain both the number and amount of the notes, and this will, it seems to me, require the examination of a long account on the part of the plaintiff; and as the investigation will not require the decision of difficult questions of law, the action falls within the class which the court may order to be referred. (Code, § 371, sub. 1; McCullough a. Brodie, 13 How. Pr. R., 346 ; Dewey a. Field, Ib., 437 ; Van Rensselaer a. Jewett, 6 Hill, 373; Samble a. Mechanics’ Fire Insurance Company, 1 Hall S C. R., 560.)

Motion for reference granted, costs to abide event.

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Hilton, J.

—The plaintiff sues to recover compensation for indorsing negotiable paper for the defendant, to enable him to procure the same to be discounted; and it is alleged that this [119]*119was done upon the defendant’s promise to pay a reasonable compensation therefor.

The number of notes thus indorsed is not stated; but it is alleged that they exceeded twenty, and that the amount was over $75,000.

To determine the compensation to which the plaintiff may be entitled under this agreement, it will be necessary to ascertain both the number and amount of the notes, and this will, it seems to me, require the examination of a long account on the part of the plaintiff; and as the investigation will not require the decision of difficult questions of law, the action falls within the class which the court may order to be referred. (Code, § 371, sub. 1; McCullough a. Brodie, 13 How. Pr. R., 346 ; Dewey a. Field, Ib., 437 ; Van Rensselaer a. Jewett, 6 Hill, 373; Samble a. Mechanics’ Fire Insurance Company, 1 Hall S C. R., 560.)

Motion for reference granted, costs to abide event.

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Bluebook (online)

10 Abb. Pr. 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/masterton-v-howell-nyctcompl-1859.

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