Jenning v. Gunnison
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Louis F. Jenning against Austin Gunnison. From order requiring plaintiff to appear for examination before trial, plaintiff appeals.
1Opinion of the CourtGavegan, J.
The action was to recover commissions for services alleged to have been rendered by the plaintiff as factor for the' account of the defendant. Thé answer, after denying absolutely the allegations in the complaint that there was an agreement between the parties, sets up payment as a first separate defense, and money loaned as a second separate defense and counterclaim. Plaintiff’s reply to the counterclaim is a general denial.
The order obtained by the defendant, directing the plaintiff to appear. for examination before trial, is based on defendant’s affidavit that the testimony sought is…
Also in this document: Concurrence.
2Cases cited2 opinions
- Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1908
- Baker v. WoolworthNew York Supreme Court · 1907