Consolidated Rubber Tire Co. v. Firestone Tire and Rubber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Firestone Tire. and Rubber Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of June, 1909, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action to enforce a. certain written contract for royalties, and the theory of the action-appears to be that the plaintiff is'entitled to discovery of the facts necessary to its recovery by an inspection of the defendant’s books, papers, etc., and incidentally to have judgment for the amount found to be due - upon such inspection. The defendant urges that its demurrer, on the ground that the complaint fails to state facts constituting a cause of action,, should have been sustained, because the cause of action attempted to be pleaded is an action at law,…
2Cases cited2 opinions
- Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
- Storr v. Central Bedding Co.New York Supreme Court · 1907
3Cited by4 opinions
- A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Sinkwich v. E. F. Drew & Co.Appellate Division of the Supreme Court of the State of New York · 1956
- Consolidated Rubber Tire Co. v. Firestone Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Page v. St. Lawrence Condensed Milk Corp.Appellate Division of the Supreme Court of the State of New York · 1925