Livermore v. St. John
The Superior Court of New York City
The defendant presented his petition to this court, duly verified, setting forth that an action had been brought against him by the plaintiffs, for the breach of a contract, for the sale hy him to them of certain United States demand notes ; that the complaint alleged that before the time of jjerformance arrived, the defendant made a further agreement with the plaintiffs to pay them a certain sum in cash, and a further sum whenever he should be able to pay the same; and that…
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The defendant presented his petition to this court, duly verified, setting forth that an action had been brought against him by the plaintiffs, for the breach of a contract, for the sale hy him to them of certain United States demand notes ; that the complaint alleged that before the time of jjerformance arrived, the defendant made a further agreement with the plaintiffs to pay them a certain sum in cash, and a further sum whenever he should be able to pay the same; and that the first mentioned contract was thereupon given up. The petition farther stated, that a letter was written hy the…
1Opinion of the Court
By the Court,
Monell, J.
I was inclined on the argument, to think that enough did not appear in the petition, to enable the court to judge whether the letter sought to be discovered, contains evidence legally relating to the defense. Its contents were not stated or attempted to be described, and the bare statement that it contains evidence, to the effect that the plaintiffs had no legal claim against the defendant, is perhaps a legal conclusion which may be drawn from tire contents of the letter, when it shall have been produced. But it did not put the court in possession of any fact. In cases…
2Cases cited4 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Bronson v. . WimanNew York Court of Appeals · 1853
- Jewett v. . BanningNew York Court of Appeals · 1860
- Powers v. ElmendorfNew York Supreme Court · 1849