Poole v. Means
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, G-aston Bullock Means, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 9th day of March, 1911.
1Opinion of the Court
Scott, J.:
Appeal from an order vacating an order for the examination of plaintiff before trial.
The action is for damages for the breach of a promise to marry. The defendant by way of affirmative defenses sets forth certain acts alleged to have been committed by plaintiff which, if proven, will probably constitute at least a partial defense to her cause of action. These acts defendant will be entitled to prove upon the trial, and the plaintiff is certainly a competent witness to prove them. We think that defendant was entitled to examine her before trial tó establish the facts which he alleges…
2Cited by2 opinions
- Sanford v. KlockgeterAppellate Division of the Supreme Court of the State of New York · 1934
- Zeitz v. CookAppellate Division of the Supreme Court of the State of New York · 1913