Segschneider v. Waring Hat Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, G-ustave Segschneider and another, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 12th day of April, 1909, denying the plaintiffs’ motion to vacate an order bearing date the 13 th day of March, 1909, directing them to appear for examination before trial, and also from the said order directing their examination.
1Opinion of the Court
Burr, J.:
It appears from the verified complaint, which was made a part of the papers upon which the motion to vacate was based, and also from the affidavit upon which the order for examination was i granted, that the action is brought to recover the fair and reasonable value of the use of certain machines for curling hat brims furnished by the plaintiffs to the defendant and delivered at its factory. The answer, which is also made a part of the papers used on the motion to vacate, denies any agreement to pay for the use of the machines, but -alleges the sale thereof by the plaintiffs to the…
2Cases cited5 opinions
- Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908
- Hartog & Beinhauer Candy Co. v. Richmond Cedar WorksAppellate Division of the Supreme Court of the State of New York · 1908
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Irving v. HigginsAppellate Division of the Supreme Court of the State of New York · 1909
- Greensward v. Union Dime Savings InstitutionNew York Supreme Court · 1880
3Cited by6 opinions
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
- Boucot v. John Hancock Mutual Life InsuranceNew York Supreme Court · 1934
- Horenstein v. MarksAppellate Division of the Supreme Court of the State of New York · 1913
- Scherick v. M. & L. Hess, Inc.City of New York Municipal Court · 1915
- Washburn v. SalmonAppellate Division of the Supreme Court of the State of New York · 1914
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