Peabody v. Cortada

New York Supreme Court

Peabody v. Cortada

21 N.Y.S. 680, 50 N.Y. St. Rep. 743

CourtNew York Supreme Court

DecidedJanuary 13, 1893

StatusPublished

Cited by2 cases

This text of 21 N.Y.S. 680 (Peabody v. Cortada) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peabody v. Cortada, 21 N.Y.S. 680, 50 N.Y. St. Rep. 743 (N.Y. Super. Ct. 1893).

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Opinion

PER CURIAM.

In the third and fourth causes of action, the plaintiffs seek to recover, first, upon an account stated, and then for certain additional items upon open account. These causes of action, although embraced in one count, are distinct and separate, and one of them, certainly, is not referable. The one upon account stated does not involve [681]*681the examination of a long account, and certainly the defendant is entitled to a trial by jury. The order should be reversed, with $10 costs- and disbursements of appeal, and the motion denied, with $10 costs..

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PER CURIAM.

In the third and fourth causes of action, the plaintiffs seek to recover, first, upon an account stated, and then for certain additional items upon open account. These causes of action, although embraced in one count, are distinct and separate, and one of them, certainly, is not referable. The one upon account stated does not involve [681]*681the examination of a long account, and certainly the defendant is entitled to a trial by jury. The order should be reversed, with $10 costs- and disbursements of appeal, and the motion denied, with $10 costs..

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Bluebook (online)

21 N.Y.S. 680, 50 N.Y. St. Rep. 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peabody-v-cortada-nysupct-1893.

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