Haynes v. Hatch
New York Supreme Court
Appeal from special term, Kings county. Action by Edward Haynes against Edward Hatch. Plaintiff moved for an order for the examination of defendant in order to enable plaintiff to prepare his complaint.
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Appeal from special term, Kings county. Action by Edward Haynes against Edward Hatch. Plaintiff moved for an order for the examination of defendant in order to enable plaintiff to prepare his complaint. The affidavit stated, among other things: The nature of this action is an action brought by plaintiff against defendant to recover certain stock owned by plaintiff and intrusted to defendant, or the proceeds thereof, if the same has been converted by the defendant, together with all dividends or other profits arising thereon, or, if the defendant did not purchase said stock, then to recover…
1Opinion of the CourtDykman, J.
This is an appeal from an order denying a motion to vacate an order for the examination of the defendant before trial to enable the plaintiff to frame his complaint. It appears from the affidavit upon which the order for tile examination was based that the defendant, who was a stock-broker, was instructed by the plaintiff to purchase for him 100 shares of the stock of the New Jersey Central Hailvoad, and was furnished with the money to pay for the same. Thereafter the defendant' loaned .the same with the assent of the plaintiff, and subsequently failed, and made an assignment of his property…
2Cited by2 opinions
- Skinner v. SteeleNew York Supreme Court · 1895
- Ely v. PerkinsNew York Supreme Court · 1908