
    Darling v. Brewster.
    
      Pleading—omission to answer admits allegations of complaint. Accounting.
    
    A complaint stated that plaintiff owned a share in a vessel, and the defendants . the remaining shares; that plaintiff made repairs to the vessel, and furnished materials therefor to the value of $2,101.60; that defendants promised to pay their share of the amount; that they had paid $500, and that there remained due $1,551.64, and the complaint asked for an accounting. Defendants demurred; the demurrer was overruled and defendants did not answer; and an accounting was ordered before a referee. Held, that defendants, by omitting to answer, admitted the allegations of the complaint, one of which was that there was due plaintiff for repairs, etc., $1,551.64, and the admission of that item by the referee, as proved, was proper.
    Appeal by defeudants from a judgment ordered at special term upon the report of a referee, and from an order overruling exceptions to such report; also, from an order denying motion to strike out portions of the judgment roll.
    
      Richard H. Huntley, for appellants.
    
      Scudder & Carter, for respondents.
   Davis, P. J.

The only point of general interest passed upon in.the opinion is sufficiently stated in the head-note.

Orders affirmed.  