Goldberg v. Roberts

— The plaintiff was granted by the court below an order for the examination of the defendant appellant, for the alleged purpose of proving a copartnership between the defendants, and that the defendant Morse acted by their authority when contracting with the plaintiff for her services. The order was affirmed by the general term of the city court and an appeal taken to this court.

There has been most frequent expression of judicial opinion upon the scope of the section of the Code of Civil Procedure giving this right, and the cases where an order for the examination of an adverse party should…