Legal Opinion

Raymond v. Brooks

New York Supreme Court

Decided October 15, 1879PublishedCited by 5 opinions

Motion to set aside an order for the examination of one of the defendants, made to enable plaintiff to prepare his complaint.

1Opinion of the Court

Van Vorst, J. —

In this case the plaintiff was entitled to the order for examination of the defendant. His affidavit discloses a cause of action; but it is quite clear that, in order properly to prepare his complaint, an examination of the defendant is necessary to ascertain facts to make an orderly pleading in a case of this description, which are necessarily within the defendant’s knowledge, and of which the plaintiff may well be supposed to be, as he claims, ignorant.

But such examination is not to extend, in substance or *384form, to an accounting of the copartnership affairs, which is one of…

2Cited by5 opinions

  1. In re NolanNew York Supreme Court · 1893
  2. Fatman v. FatmanNew York Court of Common Pleas · 1892
  3. Wahle v. McMillenCity of New York Municipal Court · 1892
  4. Dorf v. WalterCity of New York Municipal Court · 1892
  5. Wahle v. McMillanNew York Court of Common Pleas · 1893

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