ORGANIZATION OF THE JADILIBRARK THE AMENDED CONSTITU– 1847, AND THE CODE OF CEDURE 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. BANKS, GOULD & CO. 144 NASSAU STREET. ALBANY : GOULD, BANKS & CO. 475 BROADWAY. 1851. Entered 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. ELLIS BARNES & Co. Law Printers, 144 Nassau St. SUPREME COURT SPECIAL 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. December Special Term, 1846. Motion by Plaintiff 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 notice 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 Plaintiff, for assessment declared June 19, 1845, on his premium note, $74 62, to said company, policy No. 1516, of said Company, issued to him, $5 22 5 22 5 22 |