Lee v. Winans
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry 0. Lee, 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 30th day of September, 1904, denying the plaintiff’s motion to set aside certain stipulations, and granting the motion of the defendant A. Yan Arsdale Winans to compel the plaintiff to exhibit for inspection the contract sued on.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover a balance alleged to be due under a written contract to purchase certain shares of the stock of a corporation. It was commenced by the service of a copy of the summons and complaint, and at the same time an order was served on Winans, enjoining his disposing of the stock pending the return of an order to show cause why such order should not be continued during the pendency of the action. Winans appeared in the action and subsequently his attorneys obtained a stipulation extending the time to answer and also the time for the argument of the…
2Cases cited1 opinion
- Boeck v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Chojnacki v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1912
- Gordon v. OskAppellate Terms of the Supreme Court of New York · 1907