American Transfer Co. v. George Borgfeldt & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the American Transfer Company, from 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 26th day of August, 1904, directing the plaintiff to serve a hill of particulars.
1Opinion of the Court
McLaughlin, J.:
This action was brought to reform a written contract upon the ground that the same was entered into by a mistake on the part of the plaintiff and by a mistake or fraud on the part of the defendant.
The defendant, in its answer, denied the material allegations of the complaint. After issue had been joined, defendant, upon an affidavit and the pleadings, moved for an order directing the plaintiff to furnish a bill of particulars setting out in detail the facts constituting the alleged mistake or fraud. The motion was denied as to the alleged mistake, but granted as to the alleged…
2Cases cited1 opinion
- Barone v. O'LearyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Forbush v. San Diego Fruit & Produce Co.Idaho Supreme Court · 1928
- Young v. BozemanSupreme Court of Georgia · 1972
- Fernet v. James Stewart & Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of FraserNew York Surrogate's Court · 1934
- Kellogg v. GriffithsAppellate Division of the Supreme Court of the State of New York · 1908
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