Veiller v. Oppenheim
New York Supreme Court
Appeal from special term, New York county. Action by Philip B. Veiller against Edward L. Oppenheim and ■others to recover money alleged to be due on a contract. From an ■order granting in part a motion to allow plaintiff to inspect the books of defendants for the purpose of enabling plaintiff to frame his complaint, defendants appeal.
1Opinion of the CourtO’Brien, J.
Little need be added to the opinion of the learned judge at special term, showing the reasons and necessity for the order appealed from. . The appellant insists that the judge, though he concluded that the plaintiff was not a partner, overlooked the statement in the plaintiff’s affidavit alleging that his action was-brought for an accounting, which he could not maintain, in view of his relation to the defendants as an employe, or at best a co-worker.. It is hardly just, however, to seize upon one expression in an affidavit, particularly where all the facts are presented to the court showing…
2Cases cited1 opinion
- Smith v. . BodineNew York Court of Appeals · 1878
3Cited by6 opinions
- Churchill v. LoeserNew York Supreme Court · 1895
- Fleischmann v. FleischmannNew York Supreme Court · 1900
- Browne v. Empire Type-Setting Mach. Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Hofman v. SeixasNew York Court of Common Pleas · 1895
- Lord v. SpielmannNew York Court of Common Pleas · 1895
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