Appellate Terms of the Supreme Court of New York, 1912

Browning, King & Co. v. O'Brien

Appellate Terms of the Supreme Court of New York · Decided October 23, 1912 · Guy

137 N.Y.S. 697 (New York Supplement)

Counsel

Olcott, Schwarzschild & Schramm, of New York City (Arnold O. Schramm, of New York City, of counsel), for appellant., Thomas O’Callaghan, of New York City, for respondent.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.