Legal Opinion

Dannenberg v. Heller

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903Published

Appeal by the defendant, Samuel Heller, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of September, 1903, granting the plaintiff’s application for an inspection and discovery of the defendant’s books.

1Opinion of the Court

Per Curiam :

The plaintiff alleges "that he was employed as a salesman to sell the defendant’s wares, and that he was to receive for his services a certain percentage of the amount of the sales. He states that a discovery and inspection of certain of the defendant’s books are necessary in order to enable him to frame his complaint. The plaintiff’s petition, upon which his application was passed, is insufficient in failing to show that he is not possessed of all the facts for which the inspection is sought.

It is seldom, in a case like this, that such an appliction for the purpose of framing a…

2Cases cited2 opinions

  1. Tayler v. American Ribbon Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Martin v. New Trinidad Lake Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1903

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