Barrett Manufacturing Co. v. Sergeant
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Barrett Manufacturing Company, a,p.d the defendant Jessie V. Sergeant, from 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 ITth day of November, 1911, granting the defendants a bill of particulars and extending their time to answer, and denying the defendants’ motion to require plaintiff to make the complaint more definite and certain and to separately…
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Cross-appeals by the plaintiff, Barrett Manufacturing Company, a,p.d the defendant Jessie V. Sergeant, from 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 ITth day of November, 1911, granting the defendants a bill of particulars and extending their time to answer, and denying the defendants’ motion to require plaintiff to make the complaint more definite and certain and to separately state and number the causes of action.
1Opinion of the Court
Clarke, J.:
The complaint alleges that plaintiff is a foreign corporation and defendants are copartners; that between April 12, 1904, and April 16, 1908, plaintiff bought from defendants, and defendants by their agents delivered to plaintiff, certain material, to wit, stock for the manufacture of paper, which deliveries were made in carload lots; on information and belief, that the defendants represented to plaintiff that the defendants had delivered materials as aforesaid to the plaintiff to the amount of 30,717,848 pounds and that the materials so delivered were of the quality by which they…
2Cited by2 opinions
- Royle v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1921
- Weicker v. WeickerAppellate Division of the Supreme Court of the State of New York · 1966