Falon v. Keese
New York Supreme Court
This was an appeal from the judgment of the County Court, affirming the judgment of the justice. The demand upon which the suit was brought had been assigned to the plaintiff; who gave the following noticg of the examination of the assignor: (Title of the cause.) “ Before George Moore.
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This was an appeal from the judgment of the County Court, affirming the judgment of the justice. The demand upon which the suit was brought had been assigned to the plaintiff; who gave the following noticg of the examination of the assignor: (Title of the cause.) “ Before George Moore. To the above named defendant: Sir,—Take notice, that William Keough has assigned to me a contract or agreement made or entered into between you and said Keough, on or about the 10th day of April, 1852, whereby you agreed to pay said Keough $15 a month for six months from said date, and to furnish said Keough a…
1Opinion of the Court
By the Court—Hand, P. J.
The statute requires that ten days’ notice of the intended examination of the assignor, “ specifying the points upon which he is intended to be examined, shall be given in writing to the adverse party.” {Code, § 399.) That was not done in this case. The notice set out the contract, and stated that it had been assigned to plaintiff; and that the plaintiff would examine his assignor. Not one word is said as to the points or subject upon which the examination was to be. It is not even stated that the suit was brought on the contract that had been assigned, or that any…
2Cited by3 opinions
- Gates v. WardNew York Supreme Court · 1854
- Bradley v. KentCalifornia Supreme Court · 1863
- Benham v. New-York Central RailroadNew York Supreme Court · 1854