Farrand v. Wittner
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Nelson A. Farrand against Hyman Wittner. From an order striking out the answer, because he refused to obey an order requiring him to discover and produce certain books and papers, defendant appeals. Reversed, and motion denied.
1Opinion of the CourtBijur, J.
Defendant’s affidavit, to the effect that he had produced all the books and papers relating to the transactions which were in his possession, and explaining that the balance had been lost when he moved from his place of business, was uncontradicted. There would, therefore, appear to be no ground for predicating any punishment of the defendant on his failure to produce that which was either nonexistent or, at least, not. available to him. See People v. McClellan, 191 N. Y. 341, 84 N. E. 68; Chartered Bank of India v. Fire Ins. Co., 145 App. Div. 307, 129 N. Y. Supp. 1067; Ammidown v. Century…
2Cases cited3 opinions
- People v. . McClellanNew York Court of Appeals · 1908
- Ammidon v. Century Rubber Co.The Superior Court of the City of New York and Buffalo · 1891
- Chartered Bank of India, Australia & China v. Nassau Fire Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1911