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Reiman v. Roosevelt

103 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1907-04-19 English

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p. 1139
REIMAN, Appellant, v. ROOSEVELT, Respondent.
(Supreme Court, Appellate Division, First Department.
April 19, 1907.)

Headnote

Appeal from Special Term, New York County. Action by William Reiman against James It. Roosevelt, Jr. From an order denying plaintiff's motion to set the cause for trial as a preferred cause on the special calendar for contract cases, as authorized by Supreme Court rule 5 of the First Department, he appeals. Reversed on stipulation. Geo. W. Galinger, for appellant. Latham G. Reed, for respondent.

The order appealed from should be reversed, on condition that the appellant stipulate as stated by him in open court. namely, that be would raise on the trial the issue Only of the sale of the merchandise and the defendant's promise to pay therefor. If such stipulation be not given, the order will be affirmed, with $10 costs and disbursements.