Riley v. McGee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McGee, 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 10th day of December, 1914, denying his motion to vacate an order for his examination obtained to enable the plaintiff to frame his complaint.
1Opinion of the Court
Laughlin, J.:
The plaintiff as executor of David Lawton, deceased, claims that he has a cause of action against the defendant to recover assets of the estate, but that he requires an examination of the defendant to ascertain “the exact total” of the personal property of which Morris Lawton, the son of the testator, died seized, and “the increase of same” and the income of the “ properties ” of plaintiff’s testator to enable him to frame a complaint; and he shows by affidavit that he wishes to ascertain by the examination what assets were owned by a copartnership between the defendant and said…
2Cases cited1 opinion
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908