Mott v. Consumers' Ice Co.
New York Court of Common Pleas
Appeal from an order refusing defendants’ application for a discovery of plaintiff’s account books. Alexander B. Mott, a physician, sued the defendants for damages sustained by him by a street collision between the carriage in which he was sitting in Fourth avenue, near Eighteenth street, in the city of New York, and an ice wagon belonging to defendants, and driven by their servant. The collision, it was alleged, was caused by the negligence of defendants’ servant.
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Appeal from an order refusing defendants’ application for a discovery of plaintiff’s account books. Alexander B. Mott, a physician, sued the defendants for damages sustained by him by a street collision between the carriage in which he was sitting in Fourth avenue, near Eighteenth street, in the city of New York, and an ice wagon belonging to defendants, and driven by their servant. The collision, it was alleged, was caused by the negligence of defendants’ servant. Plaintiff was thrown out," and sustained injuries alleged to have prevented attending to his profession, to his loss in the sum…
1Opinion of the CourtJ. F. Daly, J.
[After stating facts.]—The application is made upon affidavit of defendants’ belief that plaintiff has kept and still keeps books in which are entries tending to show the amount of his receipts and charges, but cannot, of course, describe or indicate any particular book or books of which discovery should be had. It is, in fact, an inquisitorial examination of all the books, papers and documents that he seeks, in the hope that they contain evidence of the falsity of plaintiff’s averment in his complaint as to the extent and emoluments of his practice, and as such falls, I think, within the…
2Cases cited5 opinions
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Commercial Bank v. DunhamNew York Supreme Court · 1856
- Union Paper Collar Co. v. Metropolitan Collar Co.New York Court of Common Pleas · 1869
- Brevoort v. WarnerNew York Supreme Court · 1853
- Martin v. HicksNew York Supreme Court · 1875
3Cited by2 opinions
- Kelly v. LevyCity of New York Municipal Court · 1890
- James v. CoxeCity of New York Municipal Court · 1885