Mora v. McCredy
The Superior Court of New York City
This was an appeal, by the plaintiffs, from an order, requiring the plaintiffs to produce accounts and papers, to enable the defendants to prepare their answer to the plaintiffs’ complaint.
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This was an appeal, by the plaintiffs, from an order, requiring the plaintiffs to produce accounts and papers, to enable the defendants to prepare their answer to the plaintiffs’ complaint. The allegations on behalf of the defendants, upon which their application for a discovery was made, were, in substance, that the action was brought to recover from the defendants the sum of $4719.54, which they had received for the plaintiffs, the same being the proceeds of notes which the defendants, as brokers, had sold or negotiated for the plaintiffs, the sum claimed being1 a bal-. anee, after a long…
1Opinion of the CourtBr the Court. Woodruff, J.
The only object for which a discovery is now sought, and the only useful purpose which it is claimed such discovery would serve, is to enable the defendants to answer, the" plaintiffs’ complaint.
The complaint is, that the defendants have, as the plaintiffs’ brokers, received, at various times, divers large sums of money, being the proceeds of. the sales of notes entrusted to them by the plaintiffs for sale; and that, on the 19th day of October; 1857, the defendants had in their hands a balance, belonging to the plaintiffs, of $4719.54, being proceeds of such sales, received by the defendants,…
2Cited by3 opinions
- Frazier v. DavidsCity of New York Municipal Court · 1885
- Merguelle v. Continental Bank Note Co.The Superior Court of New York City · 1868
- Thompson v. Erie Railway Co.New York Supreme Court · 1870