Gelston v. Marshall
The Superior Court of New York City
This is a petition by the defendant to compel a discovery from the plaintiff of certain deeds and other instruments in "writing, to enable the defendant to answer the complaint.
Read the full summary
This is a petition by the defendant to compel a discovery from the plaintiff of certain deeds and other instruments in "writing, to enable the defendant to answer the complaint. The petition states that the suit is brought on certain notes and acceptances given by the defendant for the accommodation of one Wadsworth of Baltimore; and that it is necessary for the petitioner to have a discovery of the deeds and other instruments specified in his petition relating to the dealings and transactions between the plaintiff and said Wadsworth, to enable him to answer. No fact is stated in the petition…
1Opinion of the Court
Mason, Justice.
The 388th section of the Code, to, which the counsel referred on the argument, does not appear to cover this case. That section authorizes an order for an inspection and *399copy, or permission to take a copy of books, papers and documents containing evidence relating to the merits of the action, or the defence therein. The present application is not for documents to be used as evidence, but to enable the defendant to put in his answer. It comes, therefore, under the provisions of the Revised Statutes, and the rules of the Supreme Court, which are also the rules of this court. The…
2Cited by3 opinions
- Dale v. StokesNew York Surrogate's Court · 1882
- Neafie & Levy v. Miller & HendersonSupreme Court of Florida · 1896
- Bailey v. Williams Manufacturing Co.City of New York Municipal Court · 1887