Dickinson v. Mitchell

Decided May 15, 1865

New York Supreme Court · decided 1865-05-15

This was an action for work and labor, and legal services rendered by the plaintiff as counsel for defendant, claiming two thousand dollars. On demand by defendant, a hill of particulars was put in by plaintiff, containing five distinct items of charges on the debit ■side, and one item on the credit side. The defendant pleaded a general denial, and also set out a special defence.

Cited by 2 later decisions — most recently June 1876

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1865-05-15

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By the Court.*

¶1The order is appealable, as it affects a substantial right.

¶2 *288The bill of particulars in this case is not an account in the ordinary or legal sense of the term. And if it were an account, it would not be a long account, svteh as would justify a compulsory reference.

¶3Formerly four items were held sufficient to constitute a long account; but the later decisions of the courts do not deem this a long account.

¶4The order below must be reversed, with ten dollars costs to defendant, to abide the event of the action.

¶5 Present, Ingraham, P. J., Welles and Clerke, JJ.