Opdyke v. Marble
New York Supreme Court
Motion by the plaintiff to compel two of the defendants to discover books, &e., and Cross-motion, to strike out a portion of the plaintiff’s moving affidavits.
Read the full summary
Motion by the plaintiff to compel two of the defendants to discover books, &e., and Cross-motion, to strike out a portion of the plaintiff’s moving affidavits. A petition was presented by George Opdyke, the plaintiff, to compel the defendants, Mantón Marble and Elon Comstock, to discover the books of account of the “ World Company,” or of the proprietors of the “World” newspaper, for the purpose of discovering who the owners of the company were, and who would therefore be proper parties-defendants in this action, then being commenced against such proprietors for libel. The petition was…
1Opinion of the CourtLeonard, J.
The motion made by the plaintiff is under the provisions of the Revised Statutes, for a discovery of books, &c., of “The World Company.” The object of the discovery is alleged to be for the purpose of enabling the plaintiff to prepare his complaint with the names of real defendants, to be inserted in the place of certain fictitious names contained in the summons.
The action is to recover damages for an alleged libel published in the newspaper called “The World,” of which those defendants whose real names are inserted in the summons, are editors or publishers.
There are several reasons why this…
2Cited by13 opinions
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- In re the Estate of SmithNew York Surrogate's Court · 1938
- In re the Estate of SmithNew York Surrogate's Court · 1940
- In re the Estate of SullivanNew York Surrogate's Court · 1938
- In re the Estate of ClarkNew York Surrogate's Court · 1938
8 more not listed; retrieve them via the Exa API.