Britton v. Macdonald
New York Court of Common Pleas
Appeal from special term. Action by Reuben A. Britton, Melancthon Burr, Jr., and James K. Boyd against Neil Macdonald and James M. Ashley. From an order granting plaintiffs an examination of defendant Macdonald before trial, that defendant appeals.
1Opinion of the CourtPryor, J.
The object of the action is to fasten a liability upon Macdonald, as undisclosed principal, for a debt actually contracted by Blair, and the avowed purpose of the proposed examination of Macdonald is to find out if Blair was in fact his agent. The plaintiff Burr swears that his “sole reason for the examination of Macdonald is to ascertain whether he had authorized Blair to act as his agent,” etc. If Blair was not the agent of Macdonald, then, obviously, the plaintiffs have no recourse against him; and so the ■desired examination is but an experiment to ascertain whether the plaintiffs have a…
2Cases cited4 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Williams v. FolsomNew York Supreme Court · 1889
- Williams v. FolsomNew York Supreme Court · 1889
- Feuchtwanger v. DessarNew York Supreme Court · 1889
3Cited by6 opinions
- Pots v. HermanNew York Court of Common Pleas · 1894
- Burritt v. Koster, Bial & Co.New York Court of Common Pleas · 1894
- Byrnes v. LadewNew York Supreme Court · 1896
- In re FultonAppellate Division of the Supreme Court of the State of New York · 1902
- Bagley v. WinslowNew York Supreme Court · 1901
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