Mussinan v. Willner Wood Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Alfred. Mussinan, from so,- much of an order of the Supreme Court, made at the Kings County Special Term, bearing date the'18th day of November," 1901, and entered in the office of the clerk of the county of Kings,.as fails to direct the defendant to furnish a bill of particulars of the damages alleged in the second counterclaim of the answer to have been, sustained by the defendant, and from so much of said order as- fails to- direct the defendant…
Read the full summary
. Appeal by the plaintiff, Alfred. Mussinan, from so,- much of an order of the Supreme Court, made at the Kings County Special Term, bearing date the'18th day of November," 1901, and entered in the office of the clerk of the county of Kings,.as fails to direct the defendant to furnish a bill of particulars of the damages alleged in the second counterclaim of the answer to have been, sustained by the defendant, and from so much of said order as- fails to- direct the defendant to furnish a bill of particulars of the dates, details, items- and particulars of the agreements mentioned in paragraph…
1Opinion of the Court
Woodward, J.:
This action, was brought to recover $4,397.62, the purchase price of certain tanks, boilers and other machinery sold by Struthers, Wells & Co., plaintiff’s assignors, to the defendant corporation under a written contract. The answer admits the delivery of the goods, sets up an equitable counterclaim, and, as a second counterclaim, alleges that it has sustained damages aggregating $15,000 by reason of the failure of plaintiff’s assignor to deliver the goods involved in ..the litigation within the time specified in the contract. The allegations of this second counterclaim,…
2Cases cited3 opinions
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Isaac v. WilischNew York Supreme Court · 1893
- Roberts v. Safety Buggy Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- 1890 Realty Co. v. FordCivil Court of the City of New York · 1983
- Husted v. A. P. Husted Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Hainbach v. York Feather & Down Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Kosiorek v. HodgkinsonAppellate Division of the Supreme Court of the State of New York · 1951
- United States Paper Co. v. De HavenAppellate Division of the Supreme Court of the State of New York · 1906