Willis v. Bailey
New York Supreme Court
THE defendant, on the 24th of December last, obtained an order of R. Riker, Esq. Recorder of the city of JVezoYork, that the plaintiff show cause before him, on the 28th of December, “ why he should not deliver to the defendant a copy or copies of all writings of the defendánt or oi Bailey 8c Willis, whereupon or whereby he seeks to charge the defendant in this suit,” &c.
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THE defendant, on the 24th of December last, obtained an order of R. Riker, Esq. Recorder of the city of JVezoYork, that the plaintiff show cause before him, on the 28th of December, “ why he should not deliver to the defendant a copy or copies of all writings of the defendánt or oi Bailey 8c Willis, whereupon or whereby he seeks to charge the defendant in this suit,” &c. The plaintiff, accordingly, by his attorney, showed cause by reading the affidavit oi the attorney, that the declaration in the cause, containing several counts, had been filed, and that none of the counts were founded on…
1Per curiam
This Court has never gone farther in directing the plaintiff to submit to the inspectioii of the defendant, or his counsel, any papers in his possession, than is contained in the rule granted in the case of Lawrence v. The Ocean Insurance Company. (11 Johns. Rep. 245. note.) That rule was granted on great consideration, and not without some hesitation. The necessity of it, to enable the defendants to defend themselves, was fully shown on affidavit; and we proceed on the principle, that, from the facts shown, the defendant would be entitled, on a bill of discovery, to the information sought…
2Cited by10 opinions
- Badger v. GilroyAppellate Terms of the Supreme Court of New York · 1897
- Denslow v. FowlerNew York Supreme Court · 1824
- Stevens v. WebbNew York Court of Common Pleas · 1883
- Brewster v. SackettNew York Supreme Court · 1823
- President v. HillardNew York Supreme Court · 1826
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