Schepmoes v. Bousson
New York Court of Common Pleas
Application by defendant for an order to examine the plaintiff before trial. Moses D. W. Schepmoes began this suit against Othelia Bousson, to recover damages for alleged violation of her agreement to lease him certain premises, and for his being turned out of possession of the same.
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Application by defendant for an order to examine the plaintiff before trial. Moses D. W. Schepmoes began this suit against Othelia Bousson, to recover damages for alleged violation of her agreement to lease him certain premises, and for his being turned out of possession of the same. The affidavit on which this application was based, was in substance that she had no knowledge of any such agreement; that she desired an order and summons under the provisions of the Code, for his examination as a witness before trial; that he was a necessary and material witness on her part, and she could not…
1Opinion of the CourtRobinson, J.
In my opinion an examination of the plaintiff, in respect to the matter mentioned in the affidavit upon which the application is founded, is not authorized under any of the provisions of the Code, and no case for any such discovery as is required by rule 21 of the Court Rules is presented which justifies the order applied for. While by section 389 of the Code, an action for a discovery in aid of the prosecution or defense is abolished, the mode of examination given by the subsequent sections provides a substitute. By section 390, a party to an action may be examined as a witness, at the…
2Cases cited8 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Bailey v. DeanNew York Supreme Court · 1848
- Reuben Town v. President of the Bank of River RaisinMichigan Supreme Court · 1847
- M'Intyre v. ManciusNew York Supreme Court · 1819
- Carr v. Great Western InsuranceNew York Court of Common Pleas · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Talbot v. Doran & Wright Co.New York Court of Common Pleas · 1890
- Elmore v. HydeNew York Court of Common Pleas · 1877
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- Adams v. CavanaughNew York Supreme Court · 1885
- Douglass v. MeyerThe Superior Court of New York City · 1892
6 more not listed; retrieve them via the Exa API.