Smart Set Shirt Co. v. Roberts
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Smart Set Shirt Company against Walter S. Roberts. From an order of the City Court, vacating an examination of the defendant before trial, plaintiff appeals. Reversed, and remanded for examination.
1Opinion of the CourtBijur, J.
The complaint charges the defendant with conversion, and the examination before trial was obtained on an appropriate affidavit. The learned judge below granted the motion to vacate on the ground that, as “confession of crime or moral dereliction is not to be looked for in a defended cause,” it is a legitimate inference that the plaintiff could not expect in good faith to use defendant’s evidence on the trial. Similar reasoning has been repeatedly disapproved since the decision of Kornbluth v. Isaacs, affirmed on the opinion of Mr. Justice Lehman, in 149 App. Div. 109, 133 N. Y. Supp. 737.…
2Cases cited5 opinions
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
- People's Coat, Apron & Towel Supply v. LightAppellate Division of the Supreme Court of the State of New York · 1915
- Solar Baking Powder Co. v. Royal Baking Powder Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Ely v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1908
- Meade v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1907