Kirkland v. Moss
The Superior Court of New York City
Proceedings upon an order for the examination of defendant before trial, pursuant to section 873 of the Code of Civil Procedure. This action was brought by John L. Kirkland and. others against Theodore Moss to recover for services rendered by plaintiffs as real estate brokers in letting certain premises in the city of New York.
1Opinion of the CourtTruax, J.
The plaintiff seeks to examine the defendant for the purpose of showing that he, the defendant, acted as principal, and not as the agent of one Wallack, as alleged by the defendant in his answer. The allegation in the moving papers, is that the “ plaintiffs desire to examine the defendant to prove that he had an agreement with the proprietor of the said premises .... by which he had full power and *422authority to make the contract alleged in the complaint on his sole responsibility, and by which he had an interest in the said premises.” This allegation is not sufficient. There is no allegation…
2Cited by4 opinions
- Talbot v. Doran & Wright Co.New York Court of Common Pleas · 1890
- Learned v. Mayor of New YorkNew York Supreme Court · 1897
- Bandmann v. JonesNew York Supreme Court · 1889
- Fluchtwanger v. DessarNew York Supreme Court · 1889