Reusens v. Arkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Guillaume Reusens, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 29th day of December, 1909, denying the plaintiff’s motion to vacate an order for his examination before trial.
1Opinion of the Court
Miller, J.:. This action is. brought to foreclose a mortgage. The complaint alleges that, by agreements of the parties each year, interest was added to • principal. The answer denies this, and the defendant wishes to examine the plaintiff for the purpose of ascertaining, as he says, so that he may prove the same upon the trial, whether the said agreements were in writing or were made orally. The attorney for-the defendant states in his affidavit that the examination is material and necessary to the defendant in order to enable him “ to properly prepare for the trial of this action and his…
2Cases cited1 opinion
- Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
- Rochester Construction Co. v. Dobbie Foundry & Machine Co.New York Supreme Court · 1913