Hoyt v. American Exchange Bank
The Superior Court of New York City
By an order at special term of the 10th January 1853, the defendants were required to give to the plaintiff, within twenty days, &c., “ sworn copies of all entries contained in any books, and of all papers and documents in their possession, or under their control, in reference to, or showing when, under what circumstances, for what purpose or consideration, and by or from what person or persons a post note and some Indiana bonds, particularly described, were transferred, or…
Read the full summary
By an order at special term of the 10th January 1853, the defendants were required to give to the plaintiff, within twenty days, &c., “ sworn copies of all entries contained in any books, and of all papers and documents in their possession, or under their control, in reference to, or showing when, under what circumstances, for what purpose or consideration, and by or from what person or persons a post note and some Indiana bonds, particularly described, were transferred, or delivered to, or into the possession of the defendants,” and directing that such copies be sworn to by the defendants’…
1Opinion of the Court
By the Court, Bosworth, Justice.
Applications to compel a discovery, or that an inspection and copy of books, papers and documents be given, are becoming quite numerous. It is important that the views which govern the action of the court in these proceedings should be distinctly stated, in order that the cases in which a discovery may be made, and the manner in which it will be ordered to be made, may be understood.
This court does not consider that the provisions of the Revised Statutes in relation to a discovery of books, papers, &c., have been superseded by § 388 [§ 341 and 342] of the Code,…
2Cited by7 opinions
- Ex Parte ClarkeCalifornia Supreme Court · 1899
- Ammidon v. Century Rubber Co.The Superior Court of the City of New York and Buffalo · 1891
- Husson v. FoxNew York Supreme Court · 1863
- Vieller v. OppenheimNew York Supreme Court · 1894
- Woods v. De FiganiereThe Superior Court of New York City · 1863
2 more not listed; retrieve them via the Exa API.