Bloodgood v. Slayback
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Emily F. Bloodgood against John D. Slayback and others. From an order denying a motion to vacate an order for the examination of defendant Slayback, he appeals.
1Opinion of the CourtIngraham, J.
The plaintiff seeks to examine the appellant before service of the complaint. To entitle the plaintiff to such an order she must show that the examination of the appellant is necessary to enable her to frame the complaint. I think it clearly appears that the plaintiff has all the information required for that purpose. It is unnecessary to allege in the complaint the disposition of the trust property that has been made by the firm of Blood-good & Co. Whether the firm had the property in its possession, or had disposed of it, it would be liable to account for the trust property received with…
2Cited by1 opinion
- Welsh v. Cowles Shipyard Co.Appellate Division of the Supreme Court of the State of New York · 1922