Davis v. Walsh

Decided December 12, 1881

The Superior Court of New York City · decided 1881-12-12

The complaint does not purport to be upon an account, but simply for professional services rendered to the defendant in the matter of the estate of John Hancock, deceased. It claims, that these services were, together with disbursements expended on that behalf, reasonably worth the sum of $5,000, and admits payment on account thereof of $975.

Relies on Bathgate v. . Haskin

Decided 1881-12-12

Speir, J., held:

¶1“This is not sufficient under the Code to compel a reference of an action involving a long account. It is not the immediate object of the suit to take any account or the ground of defense. There is no account to be examined, for it is not disputed. The single issue to be tried, are the services of the value o£ $5,000, or of any value beyond the sum admitted to have been paid. The case is controlled by the following cases, among others: Bathgate v. Haskins, 59 N. Y. 533; Kain v. Delano, 11 Abb. N. S. 29 ; Felt v. Tiffany, 11 Hun, 62.”

¶2Opinion by Speir, J.; Sedgwick, Ch. J., and Freedman, J., concurred in result.

¶3Order reversed, with costs.