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2 How. Pr. 171

Miller v. Hooker

New York Supreme Court

Decided June 15, 1846

New York Supreme Court · decided 1846-06-15

Motion by plaintiff for a reference. Plaintiff’s affidavit stated that the action was assumpsit; the declaration contained three counts, and declared for work, labor and services, in carrying for the defendant, *at his request, a quantity of flour and ashes, from the city of Buffalo to the city of Troy. The plea was the general issue, and the trial of the cause would require the examination of a long account on the part of the plaintiff.

Decided 1846-06-15

Jewett, Justice.

¶1Held, that one bill of lading was but one item ; no matter how many different articles it was composed of, it could not be considered as involving the examination of a long account on the trial.

¶2Motion denied, with $7 costs.

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