Scheff v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Abraham L. Scheff 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 13th day of January, 1920, denying plaintiffs’ motion to vacate an order for the examination of a witness before trial.
1Opinion of the Court
Laughlin, J.:
This is an action for damages for the breach of a contract for the sale and delivery of goods by the defendants to the Isaac Mendelson Company for the account of the plaintiffs. The plaintiffs allege an assignment to them of all the rights, title and interest of the Isaac Mendelson Company by virtue of the agreement. Defendants put in issue the allegations of the complaint with respect to the making of the contract, breaches thereof, damages and the assignment, and for a separate defense pleaded that any agreement made rested in parol and was void under the Statute of Frauds.* On…
2Cases cited3 opinions
- American Woolen Co. v. AltkrugAppellate Division of the Supreme Court of the State of New York · 1910
- Harburger v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1915
- Bernstein v. SolomonAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- In re the Estate of HodgmanNew York Surrogate's Court · 1920
- In re the Estate of BritschNew York Surrogate's Court · 1926