Legal Opinion · Dissent

Mogul Finance Corp. v. Checker Cab Manufacturing Corp.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1927Published

1DissentFinch, J.

The action seems to me to be referable under section 466 of the Civil Practice Act, upon the ground that the plaintiff is not only seeking to recover for an unpaid amount upon 325 notes purchased in one transaction, but is also seeking to recover upon upwards of 18,000 items of repair and expense incurred for the account of the defendant, pursuant to an agreement and power of attorney contained therein. The defendant has put in issue each of these items and has demanded and obtained a bill of particulars from the plaintiff, consisting of 18,536 items. As appears from the petition of the…

2Cases cited1 opinion

  1. Brooklyn Public Library v. City of New YorkNew York Court of Appeals · 1925

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