Sperry & Hutchinson Co. v. O'Neill-Adams Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, O’Neill-Adams Company, and by Louis Stewart and others 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 1st day of December, 1909, denying the appellants’ motion to vacate an order for the examination of the defendant and its officers before trial.
1Opinion of the Court
Clarke, J.:
The complaint demands $363,685 as damages for breach of contract. The answer alleges a breach by the plaintiff and demands judgment upon its countérclaim for $370,000. The order for examination provides that the defendant and certain of its specified officers “ submit to an examination concerning the following elements of damage alleged in defendant’s counterclaim,” enumerating six particulars of the damages set up in the counterclaim in. regard, to which an examination is desired. " .
While we have held in Schweinburg v. Altman (131 App. Div. 795) upon a review of the cases, that…
2Cases cited2 opinions
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- Hartog & Beinhauer Candy Co. v. Richmond Cedar WorksAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Rochester Construction Co. v. Dobbie Foundry & Machine Co.New York Supreme Court · 1913