Caldwell v. Labaree
New York Supreme Court
Motion to vacate an order for the examination of the defendants before trial.
1Opinion of the CourtGiegerich, J.
The action is brought by customers against stock brokers to surcharge accounts rendered, it being alleged that certain items are false and fraudulent, and that the pretended 'transactions so set forth are fictitious. The accounts rendered fail to show the names of the buyers or sellers with whom the defendants claim to have had the alleged transactions, and it is stated *565in the moving papers that the plaintiffs have no means of learning who snch pretended buyers and sellers were except by the examina^ tion of the defendants, and that such examination before trial is material and necessary. The…
2Cases cited6 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Miller v. KentNew York Supreme Court · 1880
- Talbot v. Doran & Wright Co.New York Court of Common Pleas · 1890
- Williams v. FolsomNew York Supreme Court · 1889
- Drake v. Weinman & Co.New York Court of Common Pleas · 1895
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