Brick v. Shaff
Appellate Division of the Supreme Court of the State of New York
Appeal by- the defendants, Carl Shaff and another, 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 1st day of June, 1908, denying the defendants’motion to-vacate an order for the examination of the defendants before action brought.
1Opinion of the Court
Per Curiam :
Plaintiff sues for commissions- upon sales made for defendants. Among other things he claims to he entitled to commission upon duplicate orders.
He knows the amount of direct orders he obtained, but alleges that between January 1, 1907, .and November 4, 1907, a number of duplicate orders were received and filled by defendants and that he does not know the exact amount du.e him, and cannot allege the same with certainty. We have uniformly refused air examination, before complaint merely,to enable the ¡ilaintiff to allege the exact ainount due him and we see no reason for departing…
2Cited by5 opinions
- Cohn v. HubertAppellate Division of the Supreme Court of the State of New York · 1910
- Zurich Genera Accident & Liability Insurance v. Union Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Rochester Construction Co. v. Dobbie Foundry & Machine Co.New York Supreme Court · 1913
- Russell v. Lautz Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Russell v. Lautz Co.Appellate Division of the Supreme Court of the State of New York · 1910