Wells v. Knox

New York Supreme Court

Wells v. Knox

18 N.Y.S. 395, 44 N.Y. St. Rep. 917

DecidedMarch 31, 1892

StatusPublished

This text of 18 N.Y.S. 395 (Wells v. Knox) 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

Wells v. Knox, 18 N.Y.S. 395, 44 N.Y. St. Rep. 917 (N.Y. Super. Ct. 1892).

Pincite

Opinion

Per Curiam.

By the pleadings an issue is presented as to whether or not the plaintiff is a creditor of the assignor. The order does not provide for the trial of that issue. The action is for an accounting, and, in disposing of the action, the taking and stating of the account is necessary, and a case is thus presented which the court has the power to refer. Upon such a reference all the issues should have been referred; and as it appears from the terms of the order that the reference was “to take proof of the matters set forth in the pleadings, and take and state the account of the defendant, Thos. B. Knox, as assignee, ” instead of providing for the trial of the issues in addition to the account, the order should be modified by inserting, in lieu of the words, “to take proof of the matters set forth in the pleadings,” the words, “to hear and determine the issues in the action, and to take and state the account,” etc. The order, as so modified, should be affirmed, without costs to either party on this appeal.

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Per Curiam.

By the pleadings an issue is presented as to whether or not the plaintiff is a creditor of the assignor. The order does not provide for the trial of that issue. The action is for an accounting, and, in disposing of the action, the taking and stating of the account is necessary, and a case is thus presented which the court has the power to refer. Upon such a reference all the issues should have been referred; and as it appears from the terms of the order that the reference was “to take proof of the matters set forth in the pleadings, and take and state the account of the defendant, Thos. B. Knox, as assignee, ” instead of providing for the trial of the issues in addition to the account, the order should be modified by inserting, in lieu of the words, “to take proof of the matters set forth in the pleadings,” the words, “to hear and determine the issues in the action, and to take and state the account,” etc. The order, as so modified, should be affirmed, without costs to either party on this appeal.

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Bluebook (online)

18 N.Y.S. 395, 44 N.Y. St. Rep. 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-knox-nysupct-1892.