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10 Abb. Pr. 118

Masterton v. Howell

New York Court of Common Pleas

Decided May 15, 1859

New York Court of Common Pleas · decided 1859-05-15

The action was to recover commissions for a number of accommodation indorsements made by plaintiff for defendant. The plaintiff moved for a reference of the issues, upon an affidavit that his claim consisted of a large number of items of account, about two hundred items of which were denied by the answer, and that they would have to be separately proved on the trial.

Decided 1859-05-15

Hilton, J.

¶1—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 *119was done upon the defendant’s promise to pay a reasonable compensation therefor.

¶2The number of notes thus indorsed is not stated; but it is alleged that they exceeded twenty, and that the amount was over $75,000.

¶3To 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.)

¶4Motion for reference granted, costs to abide event.

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