Searle v. Davis

Decided May 4, 1891

The Superior Court of New York City · decided 1891-05-04

<p>Loira account—Reference.</p> <p>Where the trial of an action involves the taking of a long account, and an objection to the order of reference is made upon the ground that the account of defendants, if long, was such as would be taken under a counterclaim, it will be disregarded when the answer pleads as a defense what it pleads as a counterclaim, also.</p>

Cited by 2 later decisions — most recently November 1889

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1891-05-04

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Per Curiam.

¶1—There seems to be no doubt that the judge below was correct in holding that the trial of the action would involve the taking of a long account, unless the counsel for the appellant was correct in arguing that the account, if long, was such as would be taken under a counterclaim. The answer pleads as a defense what it pleads as a counterclaim, also. Then the long account would be involved in issue upon the complaint, irrespective of there being a counterclaim.

¶2Order affirmed, with ten dollars costs.

¶3Sedgwick, Ch., and Freedman, J., concur.