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Constant v. Schloss

55 N.Y.S. 1138 Court N.Y. City Ct. Decision date 1899-01-18 English

Delivered by O’DWYER, J.

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p. 1138
CONSTANT, Appellant, v. SCHLOSS et al., Respondents.
(City Court of New York, General Term.
January 18, 1899.)

Headnote

Action by Samuel Victor Constant, as assignee, against Gustave E. Schloss and another. L. A. Gould, for appellant. Oppenheim & Severance, for respondent.

We are of the opinion that at special term the plaintiff made a case entitling him to a portion of the particulars demanded, and that the order appealed from should be reversed, with costs, and the motion granted, without costs, as prayed for-in the notice of motion, with the exception that the defendant need not furnish any particulars as to the respect in which the shellac was of an inferior quality, and not strictly pure and. first class. OLCOTT, J., concurs.