New York Press Club v. Loyd
The Superior Court of the City of New York and Buffalo
Action by the New York Press Club against Samuel Loyd. Defendant moves to vacate an order for his examination to aid plaintiff in framing the complaint.
1Opinion of the CourtGildebsleeye, J.
The affidavit, upon which the order for the examination of the defendant to aid in framing the complaint was granted, is made by the plaintiff’s attorney, whose essential allegations therein contained are made on information and belief, derived from parties therein named, without producing the affidavits. *25of such persons or excusing their nonproduction. It is a general rule of practice that an affidavit upon which an order for the examination of a party before trial is made, which is entirely upon information and belief, and which states the source of such information, but does not assign any…
2Cases cited3 opinions
- In re Van NostrandNew York Supreme Court · 1894
- Cross v. National Fire InsuranceNew York Supreme Court · 1889
- Koehler v. SewardsNew York Supreme Court · 1890
3Cited by2 opinions
- Moriarta v. RaymondNew York Supreme Court · 1907
- Vincent v. KilmerAppellate Division of the Supreme Court of the State of New York · 1905