Witkowski v. . Paramore
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 30, 1883, which affirmed an order of Special Term requiring defendant Paramore to furnish plaintiff a bill of particulars “ of all loans and sums of money alleged to have been advanced by defeiidant’s firm * * * at the request of one Theodore Lichtenheim * * * including the date and amount of each payment, whether made by cheek or otherwise, and whether made to said…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 30, 1883, which affirmed an order of Special Term requiring defendant Paramore to furnish plaintiff a bill of particulars “ of all loans and sums of money alleged to have been advanced by defeiidant’s firm * * * at the request of one Theodore Lichtenheim * * * including the date and amount of each payment, whether made by cheek or otherwise, and whether made to said Lichtenheim in person, and if not, to whom * * * also by what member of defendants’ said firm such alleged payments, loans,…
1Per curiam
This was a proper case for requiring the defendant to furnish particulars of his claim. (Dwight v. Germania L. Ins. Co., 84 N. Y. 493.) It is to be assumed on this appeal that the plaintiff will establish on the trial that as between himself and Lichtenheim, he was the equitable owner of the claim against the United States and entitled to recover the money collected thereon.
The answer, after setting forth that the claim was originally assigned by Lichtenheim to the defendant’s firm as collateral security, alleges a subsequent absolute transfer by Lichtenheim to the firm in satisfaction of an…
2Cases cited1 opinion
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
3Cited by14 opinions
- Taylor v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Cunard v. . FrancklynNew York Court of Appeals · 1888
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
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