Ballenberg v. Wahn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Ballenberg, 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 26th day of September, o1904, denying the plaintiff’s motion for leave to inspect and examine defendants’ books for the purpose of framing his complaint.
1Opinion of the Court
Hatch, J.;
The plaintiff presented a petition to the court in which he showed that this action was commenced on the 19th day of May, 1904, by the service of a summons upon the defendants; that thereafter upon the 23d day of May, 1904, the defendants duly appeared, by the service of a written notice of appearance. The action was founded upon the breach of a written contract, a copy of which was annexed to the petition, from which it appears that the defendants agreed to pay to the plaintiff twenty dollars per week and one-third of the net profits of their saloon, café and music hall business…
2Cases cited3 opinions
- Fidelity & Casualty Co. v. F. W. Seagrist, Jr., Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Tayler v. American Ribbon Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Martin v. New Trinidad Lake Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1903