Oliver Refining Co. v. Aspegren
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Adolf Aspegren 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 1st day of September, 1910.
1Opinion of the Court
Scott, J.:
Defendants appeal from an order requiring them to furnish a further bill of particulars. The question involved in the appeal arises under a counterclaim interposed by,defendants as assignees of the Portsmouth Cotton Oil Refining Company. The allegation of the counterclaim is.that plaintiff agreéd to have thirty-one tank cars put in condition before the season arrived for shipping the product of the refinery, and that it failed to do so. The allegation in the answer is generally that, by reason of such failure, defendants suffered damage to the extent of $4,250.
By a former order the…
2Cited by2 opinions
- Herrman v. LelandAppellate Division of the Supreme Court of the State of New York · 1912
- Oliver Refining Co. v. AspegrenAppellate Division of the Supreme Court of the State of New York · 1912