6 Wend. 503
Decided December 22, 1830
New York Supreme Court · decided 1830-12-22
Motion to vacate rule for reference ordered by a circuit judge. The action was covenant, on a lease by a landlord against his tenant- The tenant had covenanted not to cut green or growing timber on the demised premises during the term ; to make all necessary repairs, during the term, at his own expense ; to keep the premises in tenantable repair, and at the expiration of the term, deliver them up in such repair. The plaintiff assigned breaches of each of those covenants.
Good law ✅— No negative treatment on recordhow we know
Decided 1830-12-22
Cited by 12 later decisions — most recently December 1931
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2It may well be that the trial of a cause in an action of covenant may require the examination of a long account, but this is not such a case. There is nothing of the nature of an account in it, although there may be sundry items of damage. The statute authorizes a reference only where the matter in controversy arises upon an account existing between the parties. The cause is not referable, and the order for reference must be vacated.
¶3Motion granted.