Stevens v. Weygandt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Stevens, from an order of the Supreme Court, made at the Kings County Special Term and entered in the, office of the clerk of the county of Kings on the 19th day of May, 1914.
1Opinion of the Court
Rich, J.:
The plaintiff appeals from an order of the Special Term vacating an ex parte order for the examination of the defendant before trial. The action is brought to recover an alleged loan of $1,000, which is denied by the answer. The affidavit of the plaintiff upon which the order for the examination was granted was sufficient, and the order from which this appeal is taken was improperly made. It is shown and not denied that the defendant was in her employ at the time the loan was made, and had the sole charge of alterations and improvements being made upon premises owned by her; that at…
2Cases cited1 opinion
- Tisdale Lumber Co. v. DrogeAppellate Division of the Supreme Court of the State of New York · 1911