Kelhetter v. Lipschitz

¶1Order affirmed, with ten dollars costs and disbursements. Upon this complaint the plaintiff has not to show the financial responsibility of the French customers. No partial compliance is averred, nor that defendants ever filled any orders for such customers. Hence it was rightly held that these matters are not subjects for examination of defendants before trial. (Oshinsky v. Gumberg, 188 App. Div. 23.) Blaekmar, P. J., Mills, Rich, Putnam and Jaycox, JJ., concur.