McAllister v. Pond
The Superior Court of New York City
The action is brought by the plaintiff as assignee of Samuel J. Clarke, surviving member of the firm of- Clarke & Co., to recover an alleged balance of account due by the defendants to that firm.
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The action is brought by the plaintiff as assignee of Samuel J. Clarke, surviving member of the firm of- Clarke & Co., to recover an alleged balance of account due by the defendants to that firm. The plaintiff presented his petition for a discovery, stating that Clarke & Co. were for many years large importers of West India produce, of which large amounts were sold by the defendants as agents of Clarke & Co., in the city of FTew-York; and that in other transactions Clarke & Co. were jointly interested with the defendants; and that in February, 1848, Clarke & Co. rendered to the defendants an…
1Opinion of the Court
Woodruff, Justice.
The Revised Statutes, in providing-for the discovery of books and papers, direct that the court shall be governed by the principles and practice of the court of chancery, in compelling discovery. (2 Rev. Stat. 199, §§ 31, [22].) In this respect, there is no reason to believe that the legislature intended to introduce any new rule, when the provisions of § 388 of the Code were enacted. The discretion by that section confided to the court, or a justice thereof, is not a merely arbitrary discretion to be exercised in favor of the applicant as a matter' of course. And the rules…
2Cited by3 opinions
- People ex rel. Cummer v. Judge of the Circuit CourtMichigan Supreme Court · 1878
- Strong v. StrongThe Superior Court of New York City · 1865
- Sutter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903