Snow, Church & Co. v. Snow-Church Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Snow-Church Surety Company, 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 29th day of August, 1902, directing an examination of defendant’s books and papers to enable plaintiff to frame its complaint.
1Opinion of the Court
McLaughlin, J.:
I think this order should be reversed.
First. Because the petition upon which it is based clearly shows that the plaintiff has all the information necessary to enable it to frame a complaint. It, of course, knows what amount of money it has paid to the defendant and it alleges that no part of this sum has been invested in accordance with the terms of the contract referred to, but that the same has been appropriated by defendant to its own use.
Second. Because the petition fails to show, nor are any facts stated in it from which that fact can be inferred, that the books and papers…
2Cited by6 opinions
- Sullivan v. Ryan-Parker Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- National Distilling Co. v. Van EmdenAppellate Division of the Supreme Court of the State of New York · 1907
- Kram v. Jewish World Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Wilson v. Van Dorn Iron Works Co.New York Supreme Court · 1919
- Searle v. Halstead & Co.New York Supreme Court · 1910
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