Lowe v. Bacon

The motion is made for an order dismissing a notice of examination of plaintiff before trial. The cross motion asks an order requiring plaintiff to produce upon the examination, pursuant to the provisions of section 296 of the Civil Practice Act, correspondence, memoranda, contracts, etc.

For a proper understanding, it will be necessary to refer briefly to the facts. The complaint in the action alleges the plaintiff was first employed by the firm of Allyn and Bacon, a copartnership, to sell school textbooks; that thereafter the defendant, Charles E. Bacon, agreed to and with the plaintiff that…