Paradies-Carroll Co. v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Lyman, 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 27th day of August, 1920, denying the defendant’s motion to vacate and set aside an order for the examination of the defendant before trial, and fixing the time, place and day for such examination.
1Opinion of the Court
Smith, J.:
This action is at issue upon the complaint and the answer. The complaint alleges that the pláintiff sold to the defendant 200 bags of sugar at the price of $4,000 upon terms net cash payable in New York city funds “ and the defendant retained the possession of the aforesaid sugar, which he agreed to deliver and return to the plaintiff herein upon payment of the aforesaid sum.” The complaint further alleges that the plaintiff tendered to the defendant the $4,000, “ being the aggregate purchase price for the aforesaid sugar, and duly demanded the possession of the aforesaid sugar from…
2Cases cited1 opinion
- Austin v. . RawdonNew York Court of Appeals · 1870
3Cited by2 opinions
- Shapiro v. KaronAppellate Terms of the Supreme Court of New York · 1922
- Bloom v. WienerCity of New York Municipal Court · 1930