Browning, King & Co. v. O'Brien

Appellate Terms of the Supreme Court of New York

Browning, King & Co. v. O'Brien

137 N.Y.S. 697

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 23, 1912

StatusPublished

This text of 137 N.Y.S. 697 (Browning, King & Co. v. O'Brien) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Browning, King & Co. v. O'Brien, 137 N.Y.S. 697 (N.Y. Ct. App. 1912).

Pincite

Opinion

GUY, J.

This action was brought to recover for goods sold and delivered. The defense is a general denial.

[1] Plaintiff obtained an order to examine defendant upon all the issues raised by the pleadings. Upon the return day the court limited the examination to the delivery only of the goods, excluding all examination as to the sale and as to any promise to pay for the goods.

To limit the examination in an action for goods sold and delivered to the naked question of the delivery of the goods renders it futile.

Order reversed and motion granted, with $10 costs and disbursements of appeal. All concur.

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GUY, J.

This action was brought to recover for goods sold and delivered. The defense is a general denial.

[1] Plaintiff obtained an order to examine defendant upon all the issues raised by the pleadings. Upon the return day the court limited the examination to the delivery only of the goods, excluding all examination as to the sale and as to any promise to pay for the goods.

To limit the examination in an action for goods sold and delivered to the naked question of the delivery of the goods renders it futile.

Order reversed and motion granted, with $10 costs and disbursements of appeal. All concur.

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Bluebook (online)

137 N.Y.S. 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browning-king-co-v-obrien-nyappterm-1912.