Brevoort v. Warner
New York Supreme Court
This was an action “ on hook account,” for goods, wares and merchandize sold and delivered to defendant by C. & H. H., the assignors of the plaintiff. The defendant was under an order to deliver a bill of particulars of his set off.
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This was an action “ on hook account,” for goods, wares and merchandize sold and delivered to defendant by C. & H. H., the assignors of the plaintiff. The defendant was under an order to deliver a bill of particulars of his set off. He moved, at chambers, on a petition, that plaintiff be ordered to produce and discover to defendant the day books, journals, ledgers, lumber book, memorandum books and receipts of C. & H. H., and deliver sworn copies thereof, or so much as contains the account of defendant, to defendant or his attorney; and that defendant, his attorney, and agents, &c., may be at…
1Opinion of the Court
Hand, Justice.
It has been decided that the Code has not
repealed the Revised Statutes in relation to the production and discovery of books, &c. Stanton agt. Del. M. Ins. Co., (2 Sandf. S C. R., 662;) Moore agt. Pentz, (Idem 664;) Gelton agt. Marshall, (6 How. Pr. R. 398; 3 Idem 353; 5 Idem 451; 8 Idem 89.) It is provided therein, that this court, in such cases as shall be “ deemed proper,” may compel a party to a suit pending therein, to produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit or of any defence therein. And the court,…
2Cases cited8 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
- Dias v. MerleNew York Court of Chancery · 1831
- Lane v. StebbinsNew York Court of Chancery · 1842
- Nieury v. O'HaraNew York Supreme Court · 1847
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3Cited by5 opinions
- Dale v. StokesNew York Surrogate's Court · 1882
- Mott v. Consumers' Ice Co.New York Court of Common Pleas · 1877
- Vieller v. OppenheimNew York Supreme Court · 1894
- Foulks v. RhodesNevada Supreme Court · 1877
- Merguelle v. Continental Bank Note Co.The Superior Court of New York City · 1868