Legal Opinion

Hoyt v. American Exchange Bank

The Superior Court of New York City

Decided January 15, 1853PublishedCited by 24 opinions

By an order at special term of the 10th January, 1853, the defendants were required to give to the plaintiff, within twenty days, &c., “ sworn copies of all entries contained in any books, and of all papers and documents in their possession, or under their control, in reference to, or showing when, under what circumstances, for what purpose or consideration, and by or from what person or persons, a post note and some Indiana bonds, particularly described, were transferred,…

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By an order at special term of the 10th January, 1853, the defendants were required to give to the plaintiff, within twenty days, &c., “ sworn copies of all entries contained in any books, and of all papers and documents in their possession, or under their control, in reference to, or showing when, under what circumstances, for what purpose or consideration, and by or from what person or persons, a post note and some Indiana bonds, particularly described, were transferred, or delivered to, or into the possession of the defendants,” and directing that such copies be sworn to by the defendants’…

1Opinion of the CourtBy the Court. Bosworth, J.

Applications to compel a discovery, or that an inspection and copy of books, papers, and documents be given, are becoming qiiite numerous. It is important that the views which govern the action of the court in these proceedings should be distinctly stated, in order that the cases in which a discovery may be made, and the manner in which it will be ordered to be made, may be understood.

This court does not consider that the provisions of the Revised Statutes in relation to a discovery of books, papers, &c., have been superseded by § 388 [ §§ 341 and 342 ] of the Code, but that the two systems…

2Cited by24 opinions

  1. State ex rel. Wellford v. WilliamsTennessee Supreme Court · 1903
  2. Worthington Pump & Machinery Corp. v. Northwestern Iron Co.Wisconsin Supreme Court · 1922
  3. Lefferts v. BramptonNew York Court of Common Pleas · 1862
  4. Walsh v. Press Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Davis v. DunhamNew York Supreme Court · 1855

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