Terry v. Ross Heater & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ross Heater and Manufacturing Company, Inc., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 21st day of June, 1917, denying defendant’s motion to vacate an order for its examination before trial.
1Opinion of the Court
De Angelis, J.:
The action was brought by Charles W. Terry, as trustee in bankruptcy of the Salamanca Engine Iron Company, a domestic corporation of the city of Salamanca, bankrupt, to recover the balance of the contract price of certain heaters *715and expansion joints manufactured for the defendant Ross Heater and Manufacturing Company, Inc., a domestic corporation of the city of Buffalo, by the Salamanca Engine Iron Company, according to certain blue prints and specifications. The answer contains a general denial and sets forth' a counterclaim for the alleged failure of the engine company to…
2Cases cited5 opinions
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- Shonts v. ThomasAppellate Division of the Supreme Court of the State of New York · 1907
- Akhurst v. National Starch Co.New York Supreme Court · 1909
3Cited by10 opinions
- Dunbar & Sullivan Dredging Co. v. StateNew York Court of Claims · 1940
- Combes v. MaasAppellate Division of the Supreme Court of the State of New York · 1924
- Avco Security Corp. v. PostAppellate Division of the Supreme Court of the State of New York · 1973
- Pierce v. MorrisAppellate Division of the Supreme Court of the State of New York · 1920
- Klapp v. MerwinNew York Supreme Court · 1924
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