« PreviousContinue »
ORGANIZATION OF THE JADILIBRADOR MUE AMENDED CONSTITU-
OLD SUPREME COURT.
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.
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.
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-
Other money paid by Defendant to Rensselaer
Other money paid by Defendant to Benj.
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