Ansen v. Tuska
The Superior Court of New York City
This was an appeal from an order denying a motion for a discovery. The plaintiffs, Louis Ansen and others, brought, this action upon an alleged breach of a contract by the defendant, Philip H. Tuska, to purchase, b-y sample, a quantity of merchandise, which the defendant had refused on a tender of it to accept, on the ground. that it did not correspond with the sample.
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This was an appeal from an order denying a motion for a discovery. The plaintiffs, Louis Ansen and others, brought, this action upon an alleged breach of a contract by the defendant, Philip H. Tuska, to purchase, b-y sample, a quantity of merchandise, which the defendant had refused on a tender of it to accept, on the ground. that it did not correspond with the sample. The defendant moved, on affidavits that an inspection of such articles by third persons was necessary to his defence, for an order compelling the plaintiffs to produce the goods at a time and place to be fixed by the court, to…
1Opinion of the Court
By the Court.*—Robertson, J.
am induced by a fuller examination and more full reflection to adhere to my views first expressed in this case at special term. I was then startled with the novelty of the application, and could find no principle or authority to warrant granting it. It may be morally obligatory on either party having in his possession exclusively, information beneficial to the other party in the litigation between them, to disclose it to him; but the duty is one of imperfect obligation, not capable of practical definition or legal enforcement. Of course, the court has means at its…
2Cases cited1 opinion
- Jackson ex dem. Titus v. JonesNew York Supreme Court · 1824
3Cited by3 opinions
- State ex rel. American Manufacturing Co. v. AndersonSupreme Court of Missouri · 1917
- Vieller v. OppenheimNew York Supreme Court · 1894
- City of Syracuse v. Glenside Woolen MillsNew York Supreme Court · 1893