Fitchett v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas J. Murphy and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of February, 1898, granting the plaintiff’s motion for an inspection of the defendant company’s books.
1Opinion of the Court
Per Curiam :
The plaintiff’s petition was insufficient to authorize the granting of the order appealed from. It did not show that any right or interest of the plaintiff had been affected, injuriously or otherwise, by the acts of the defendants of which she complained. As not infrequently happens, however, the defects in the moving papers were supplied by the answering affidavits. These indicated that the plaintiff was asserting a cause of action based upon an injury to the estate of her intestate, who had been a stockholder in the appellant corporation, and, taken together with the petition,…
2Cases cited1 opinion
- Ward v. New York Life InsuranceNew York Supreme Court · 1894