Bien v. Hellman
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Julius Bien and others against Theodore Heilman and oth•ers. Defendants moved for an inspection of a paper writing in plaintiffs’ possession. The motion was denied, and the defendants appeal. Affirmed.
1Opinion of the CourtMcADAM, J.
The plaintiffs sue upon an express agreement entered into May 22, 1891, wherein and whereby it was agreed that the plaintiffs should do certain theatrical printing, and furnish the material therefor, for a play called “A Wolf’s Wedding,” at the agreed price of $4,200. The complaint does not state that the agreement declared on is in writing, and, as it would be valid without that formality, there is no presumption as to how it is evidenced. The defendant and appellant Hellman annexes to his petition an affidavit made by one of his codefendants, in which he states that the agreement is in…
2Cases cited4 opinions
- Bright v. CurrieThe Superior Court of New York City · 1852
- New England Iron Co. v. New York Loan & Improvement Co.The Superior Court of New York City · 1878
- Mayor of New York v. DoodyNew York Court of Common Pleas · 1856
- Welles v. WebsterNew York Supreme Court · 1853
3Cited by1 opinion
- Hayden v. Van CortlandtNew York Supreme Court · 1895