Hill v. McKane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles P. Hill, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day. of July, 1906, granting the respondents’ motion to vacate as to them an order for the examination of defendants before trial.
1Opinion of the Court
Houghton, J.:
Under the rule laid down by this court in Goldmark v. U. S. Electro-Galvanizing Co. (111 App. Div. 526) and emphasized in McKeand v. Locke (115 id. 174), the order for the examination o‘f defendant McKane should not have been set aside..
• It is manifest from the record that the plaintiff has a cause of action of some kind against the defendant McKane. The plaintiff paid to him $500, for which he himself assigned and agreed to obtain from his co-owners a like assignment to the plaintiff of a oneeiglith interest in certain mining claims which subsequently proved to be of great…
2Cases cited1 opinion
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Marjori v. WaddingtonAppellate Terms of the Supreme Court of New York · 1907
- In re CohenNew York Supreme Court · 1907
- Oppenheim v. AbbottNew York Supreme Court · 1916
- Tirpak v. HoeNew York Supreme Court · 1907