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REPORTS 5

OF

CASES OF PRACTICE

DECIDED BY THE

SUPREME COURT AND COURT OF APPEALS.

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ORGANIZATION OF THE JADILIBRADOR MUE AMENDED CONSTITU-
TION OF 1846, AND IN NORSUANCE OF THE JUDICIARY ACT OF
1847, AND THE CODE OF COEDURE WHICH BECAME
A LAW ON THE FIRST DAY OF JULY, 1848, EX-
CEPT THE FIRST FIFTY PAGES, WHICH
ARE CASES DECIDED BY THE

OLD SUPREME COURT.

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NEW YORK:
BANKS, GOULD & CO. 144 NASSAU STREET.

ALBANY:
GOULD, BANKS & CO. 475 BROADWAY.

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Enterod according to the Act of Congress, in the year 1849, by NATHAN HOWARD, JR., in the Clerk's Office for the Northern District of New York.

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SUPREME COURT

SPECIAL TERM

TERM REPORTS.

VOL. 3.

AUGUSTUS SMITH vs. HOSEA W. BROWN.

A bill of particulars served by Defendant, containing seven items for money paid, goods sold,

and money lent, all of the same date, except three: Held, not a sufficient account to entitle the Plaintiff to a reference, in an action of assumpsit on a promissory note.

$5 22

December Special Term, 1846. Motion by Plaintif for reference. This was an action of assumpsit, commenced by declaration, with a copy of a promissory note annexed, and notice that it was the plaintiff's only cause of action, and his bill of particulars in the cause.

Defendant pleaded the general issue and gave ņotice of set-off generally. Defendant's attorneys served a bill of particulars, as follows: 1846, May 16. To cash paid by Defendant to Rensselaer

County Mutual Insurance Company, for Plain-
tiff, for assessment declared June 19, 1845, on
his premium note, $74 62, to said company,
policy No. 1516, of said Company, issued to
him,

Other money paid by Defendant to Rensselaer
County Mutual Insurance Company for Pl’tiff., 5 22

Other money paid by Defendant to Benj.
Wilkeson, agent for Rensselaer County Mu-
tual Insurance Company for Plaintiff,

5 22 Other money paid by Defendant to Benj. Wilkeson for Plaintiff,

5 22 1846, Aug. 1. Twelve lbs. Sugar, at 9 cents, sold and delivered by Defendant to Plaintiff,

1 08 One lb. Young Hyson Tea, at 6s., sold and delivered by Defendant to Plaintiff,

75 Cash lent by Defendant to Plaintiff, 163 81

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