Schweinburg v. Altman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emil Schweinburg, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of YTew York on the 16th day of March, 1909, vacating an order for the examination of the defendant before trial.
1Opinion of the Court
Clarke, J.:
The complaint sets up a contract under which defendant was to pay plaintiff $7,500 a year; that defendant paid for five years; that he has not paid since October 1, 1906, and plaintiff demands judgment for $7,500, the amount so unpaid.
The answer alleges a cancellation of the contract by the defendant in accordance with the terms thereof. Plaintiff obtained an order for the examination of the defendant before trial. Defend*796ant moved to vacate said order, which motion was granted, the learned justice stating in his memorandum: “ The examination sought relates to the defense and not to…
2Cases cited7 opinions
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Terry v. Ross Heater & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Alden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1910
- Farquharson v. BrokawNew York Supreme Court · 1910
- W. L. Sutphin Realty Co. v. BreinigAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of O'DwyerNew York Surrogate's Court · 1934
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