Hillis v. Ferguson
New York Supreme Court
Action by Newell Dwight Hillis against Frank L. Ferguson. Defendant moves to vacate an order for his examination before complaint served.
1Opinion of the CourtKelly, J.
The defendant moves to vacate an order for his examination before complaint served, upon the ground that the affidavit upon which the order was granted fails to show that such examination is necessary to enable plaintiff to frame his complaint. It is true, as claimed by the learned counsel for the plaintiff, that examinations before trial are granted with much more liberality than in former years, and particularly in cases where the plaintiff alleges a default on the part of defendant in the performance of duties of a fiduciary nature. But it is elementary that such examinations are never…
2Cases cited12 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
- Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908
- Britton v. MacdonaldNew York Court of Common Pleas · 1893
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