Wahle v. McMillen
City of New York Municipal Court
Appeal by defendant, Samuel McMillen, from an order directing his examination before trial for the purpose of enabling plaintiff, Charles Gr. F. Wahle, as executor, to frame his complaint.
1Opinion of the CourtVan Wyck, J.
The plaintiff, suing as in executor, seeks, after service of summons and before trial, an examination of the defendant in order to enable him to frame his complaint and his affidavit upon which such examination was ordered, sets forth that he has discovered in the books of account kept, owned and left by bis testator a running account with defendant, which shows items of charges against and credits to defendant, and that the same shows a balance of $283.42 as due the testator from defendant, but that he has been unable to discover any explanatory entries in the hooks as to these *90charges and…
2Cases cited2 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Raymond v. BrooksNew York Supreme Court · 1879
3Cited by1 opinion
- Skinner v. SteeleNew York Supreme Court · 1895