Baker v. Woolworth
New York Supreme Court
Appeal from order of the City Court of the city of Hew York, dated Hovember 24, 1906, for the examination of defendant before trial; and from orders dated December 5 and December 13, 1906, denying defendant’s motions to vacate and set aside said order of November 24, 1906.
1Opinion of the CourtHendrick, J.
The complaint in the action sets forth a specific agreement between the Grolier Society of New York, plaintiff’s assignor, and Helena Woolworth, the defendant, for the purchase of a certain set of writings of Alexander Dumas. This agreement is specific in its terms, and upon ii the plaintiff must stand or fall. The answer of the defendant admits that a contract was entered into between the parties mentioned, but denies that it was in the form set forth in the complaint. The affidavit upon which the plaintiff based the application for an examination of the defendant before trial states: “ I…
2Cases cited1 opinion
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Jenning v. GunnisonAppellate Terms of the Supreme Court of New York · 1911
- Northern Ins. v. WoodNew York Supreme Court · 1909