Herbert v. Hellbut
Appellate Division of the Supreme Court of the State of New York
Appeal by- the plaintiff, Henry L. Herbert, frqm an order of the Supreme Court, made .at the New York Special Term and entered . in the office'of the clerk of the county of New York on the 8th • . day of April,. 1907. .
1Opinion of the CourtScott, J.
The plaintiff appeals from a.n order precluding him.from giving evidence of an accouht alluded to in paragraph 5 of his complaint, unless within five days lie serve a verified copy of said account on the defendant’s .attorneys. • ■
■ The plaintiff is a'dealer in coal, and the defendant, at the times stated in, the complaint, sold coal for him under a contract. '. - ’ The 5th paragraph of the complaint reads as follows: “ That on or about Angn.st 10th, 1904, the-plaintiff and defendant had a settlement of'all and every of 'their transactions arising out of -their business' relations, as well as…
2Cases cited2 opinions
- Johnson v. TyngAppellate Division of the Supreme Court of the State of New York · 1896
- Cunard v. FrancklynNew York Supreme Court · 1888