Davis v. Dunham
New York Supreme Court
Wright, Harris and Watson, Justices. Discovery of books, &c. The plaintiff, upon notice to the defendants’ attorneys, presented to one of the justices of this court, at chambers, a petition, stating that this action had been brought upon a promissory note made by Greene & Mather, as the agents of the defendants, who were the proprietors of the Albany and New-York line of freight barges, of which note the plaintiff was the indorsee; that the cause was at issue upon an answer…
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Wright, Harris and Watson, Justices. Discovery of books, &c. The plaintiff, upon notice to the defendants’ attorneys, presented to one of the justices of this court, at chambers, a petition, stating that this action had been brought upon a promissory note made by Greene & Mather, as the agents of the defendants, who were the proprietors of the Albany and New-York line of freight barges, of which note the plaintiff was the indorsee; that the cause was at issue upon an answer of the defendants, denying the allegations of the complaint, that “certain books and paper writings, to wit, the…
1Opinion of the Court
By the court—Harris, Justice.
I have no doubt that it was the intention of the framers of the Code, and the legislature who adopted their work, to construct a new and complete system of proceedings, from the commencement to the end of an action, and that, with a view to the discovery of books, papers, *427and documents, containing evidence relating to the merits of the action, in all proper cases, the provisions on the subject in the 388th section were adopted. These provisions are adequate to every conceivable case in which such a discovery would be proper.
While thus adequately providing for…
2Cases cited1 opinion
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
3Cited by6 opinions
- Falco v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Husson v. FoxNew York Supreme Court · 1863
- Strong v. StrongThe Superior Court of New York City · 1865
- Ahlmeyer v. HealyNew York Court of Common Pleas · 1887
- Richards v. BunteLucas Circuit Court · 1908
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