Fitchett v. American Bill-Posting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Margaret Mtchett, as administratrix of George H. Fitchett, deceased, against the American Bill-Posting Company and others. From an order granting plaintiff’s motion for inspection of the books-of the company, it appeals.
1Per curiam
The plaintiff’s petition was insufficient to authorize the granting of the order appealed from. It did not show that any right or interest of the plaintiff had been affected, injuriously or otherwise, by the acts of the defendants of which she complained. As not infrequently happens, however, the defects in the moving papers were supplied by the answering affidavits. These indicated that the plaintiff was asserting a cause of action based upon an injury to the estate of her intestate, who had been a stockholder in the appellant corporation, and, taken together with the petition, they afforded…
2Cases cited2 opinions
- North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885
- Ward v. New York Life InsuranceNew York Supreme Court · 1894