Ballenberg v. Wahn
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Samuel Ballenberg against Charles Wahn and another. From an order denying an order permitting an examination of defendants’ books for the purpose of framing a complaint, plaintiff appeals. Reversed.
1Opinion of the CourtHatch, J.
The plaintiff presented a petition to the court, in which he showed that this action was commenced upon the 19th day of May, 1904, by the service of a summons upon the defendants ; that thereafter, upon the 23d day of May, 1904, the defendants duly appeared by the service of a written notice of appearance. The action was founded upon the breach of a written contract, a copy of which was annexed to the petition, from which it appears that the defendants agreed to pay the plaintiff $20 per week, and one-third of the net profits of their saloon, café, and music hall business, which plaintiff…
2Cases cited5 opinions
- Fidelity & Casualty Co. v. F. W. Seagrist, Jr., Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Tayler v. American Ribbon Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Fidelity & Casualty Co. v. F. W. Seagrist, Jr., Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Martin v. New Trinidad Lake Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Martin v. New Trinidad Lake Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1903