Bensinger v. Erhardt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joel B. Erhardt, from so much of 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 29th day of January, 1901, as denied the said defendant the right to a discovery and inspection and permission to take copies of the two partial assignments of the alleged cause of action made by the Brussels Tapestry Company.
1Opinion of the Court
Ingraham, J.:
This action was brought to recover $25,500 from the appellant, under an agreement made between the appellant as trustee, and the Brussels Tapestry Company, the plaintiff’s assignor. The plaintiff alleges the making of the contract, a copy of which is annexed to the complaint. By this contract the corporation is to have the right within three years from' the date of the agreement, upon giving ninety days’ notice of its intention so to do, to reconvey to the appellant all or any of the lots purchased by the corporation, and the appellant agreed upon such reconveyance to pay to the…
2Cited by1 opinion
- Leone v. LohmaierNew York Supreme Court · 1954