Legal Opinion

Bencoe v. McDonnell

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 1924PublishedCited by 8 opinions

1Opinion of the Court

Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.

The following is the opinion of the court below:

Taylor, J.:

An accounting before the referee, by the defendants, has been directed in the interlocutory decree. The account has been filed; in effect it constitutes a pleading by the defendants as to the state of the account. The plaintiff has not as yet filed objections thereto; in other words, issue has not been joined as to the same. He now applies for a very general inspection of records, books and documents of the defendants, pertaining to plaintiff’s past transactions with them.…

2Cases cited4 opinions

  1. Murphy v. KeenanNew York Supreme Court · 1917
  2. Hay v. Republic Trading Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. Rheims v. BenderAppellate Division of the Supreme Court of the State of New York · 1918
  4. Seligsberg v. ScheppAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. Colonial Trust Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1937
  2. Evans v. Evans, JudgeUtah Supreme Court · 1940
  3. In re the Estate of SmathersNew York Surrogate's Court · 1934
  4. Royce v. ZiegfeldAppellate Division of the Supreme Court of the State of New York · 1928
  5. Munsie v. Highland HospitalNew York Supreme Court · 1957

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