Merritt v. Williamson
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, John D. Williamson, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 21th day of January, 1898, denying his "motion to vacate an order for his examination granted for the purpose of enabling the plaintiff to frame his complaint.
1Opinion of the Court
McLaughlin, J.:
The affidavit upon which the order directing the examination of the defendant was based shows that there is no necessity for the examination, because the plaintiff is already in possession of all the information necessary to enable him to state the facts which constitute his cause of action. In the affidavit ,the plaintiff alleges that his assignor procured for the defendants, at their request, a contract for the-construction by them for the Arkansas Construction Company of a certain portion of the line of a proposed railroad, and for which, they agreed to pay him a reasonable…
2Cases cited1 opinion
- Muller v. LevyNew York Supreme Court · 1889
3Cited by1 opinion
- Hammell v. SchleissnerAppellate Division of the Supreme Court of the State of New York · 1898