Perrow v. Lindsay
New York Supreme Court
Appeal from special term, Hew York county. Action by James Perrow against David A. Lindsay. Prom an order directing defendant to allow the plaintiff to inspect an agreement between the parties to the action, defendant appeals.
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Appeal from special term, Hew York county. Action by James Perrow against David A. Lindsay. Prom an order directing defendant to allow the plaintiff to inspect an agreement between the parties to the action, defendant appeals. Code Civil Proc. § 806, provides that an order for discovery may be vacated upon satisfactory proof by affidavit “ that the party required to make, discover, or permit the inspection has not the possession or control of the book, document, or other paper directed to be produced or inspected.”
1Opinion of the CourtVan Brunt, P. J.
The petition of the plaintiff shows that this action was commenced by the service of a summons, and that the defendant has appeared; that the complaint in the action has not been prepared, and that in. order to do so the plaintiff should have an inspection and copy of a written agreement entered into between the parties to this action, to recover damages, for the breach of which this action is brought. It further alleges that the agreement was prepared by defendant and executed by him and the plaintiff at the plaintiff’s place of business; that plaintiff asked defendant for a copy of the…
2Cited by7 opinions
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- McCreery v. GhormleyAppellate Division of the Supreme Court of the State of New York · 1896
- Palmer v. United PressAppellate Division of the Supreme Court of the State of New York · 1901
- Schlesinger v. EllingerWisconsin Supreme Court · 1908
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