Low v. Graydon
New York Supreme Court
I. September, 1862.—Motion for discovery. Three actions against William. Graydon and others, defendants, were brought: one by James Low and others; one by Joannes Gourd and others; and one by Edwin Hoyt and others, creditors, to set aside an assignment executed by Gray-don, McCreery & Co., to John C. Martin and John W. Gray-don; also, to set aside certain transfers of bills,receivable by the same firm to Samuel Graydon and Mrs. Mary A. Graydon.
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I. September, 1862.—Motion for discovery. Three actions against William. Graydon and others, defendants, were brought: one by James Low and others; one by Joannes Gourd and others; and one by Edwin Hoyt and others, creditors, to set aside an assignment executed by Gray-don, McCreery & Co., to John C. Martin and John W. Gray-don; also, to set aside certain transfers of bills,receivable by the same firm to Samuel Graydon and Mrs. Mary A. Graydon. The plaintiffs applied for a discovery, under circumstances which are sufficiently stated in the opinion. II. October, 1862.—Motion to strike out…
1Opinion of the CourtBarnard, J.
A discovery, whether under the Revised Statutes or the Code, can be compelled only as against one party to an action in favor of the other, and even in that case the party against whom the order is made must have possession or control over the thing to be discovered.
As every party can now be subpoenaed duces tecum, and examined as a witness at the instance of the opposite party, it follows that if that fact be a conclusive answer to a motion for discovery, the enactments relating to discovery are virtually repealed, except so far as the discovery may be necessary to enable either party to…
2Cases cited4 opinions
- Dale v. Radcliffe & CutterNew York Supreme Court · 1857
- Ex parte CrosbyNew York Supreme Court · 1828
- Georgia Lumber Co. v. StrongNew York Supreme Court · 1847
- Nichols v. SutfinNew York Supreme Court · 1827
3Cited by3 opinions
- Palmer v. United PressAppellate Division of the Supreme Court of the State of New York · 1901
- Wasson v. Hoff, New York County Courts1899
- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920