Tmomas v. Reab
This text of 6 Wend. 503 (Tmomas v. Reab) 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.
Opinion
By the Court,
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.
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6 Wend. 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tmomas-v-reab-nysupct-1830.