Legal Opinion

Bailey v. Williams Manufacturing Co.

City of New York Municipal Court

Decided April 20, 1887Published

Motion to compel plaintiff to permit an inspection of the special contract sued upon.

1Opinion of the Court

McAdam, Ch. J.

The complaint declares upon an express contract in writing executed by the defendant whereby, etc. The answer sworn to fifteen months ago positively denies the execution of any contract by the defendant. The defendant in view of this pleading seeks an inspection of the contract which the plaintiff • said it executed; and it says it did not execute. It is supposed to know as much about the execution of the instrument as the plaintiff, for unless executed by some duly authorized officer of the defendant, it is not the contract of the defendant In order to get the contract in…

2Cases cited1 opinion

  1. Gelston v. MarshallThe Superior Court of New York City · 1851

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