Witschieben v. Glynn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John T. Glynn, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 15 th day of February, 1913, denying the defendant’s motion to preclude the plaintiff from offering certain evidence and for judgment on the pleadings.
1Opinion of the Court
Clarke, J.:
This is an appeal from an order of the Special Term denying a motion to preclude the plaintiff from offering any evidence upon the trial of this action in support of any part of the contract described in paragraph 1 of' the complaint which is oral, and of which he was directed to serve a bill of particulars stating the substance thereof, and also denying a motion for judgment on the pleadings.
The complaint alleges in paragraph 1: “That heretofore and on or about the 24th day of May, 1912, F. W. Bussing Company, a foreign corporation, duly organized and existing ■under and by virtue…
2Cited by1 opinion
- Duncan Realty Co. v. Independent Trouser Co.Appellate Terms of the Supreme Court of New York · 1934