Greene v. Carey
New York Supreme Court
Appeal from special term, New York county. Action by Francis V. Greene, as president, etc., against Frederick B. Carey. From an order denying a motion to vacate an order for defendant’s examination and the production of his books, defendant appeals.
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Appeal from special term, New York county. Action by Francis V. Greene, as president, etc., against Frederick B. Carey. From an order denying a motion to vacate an order for defendant’s examination and the production of his books, defendant appeals. The defendant entered into a contract with plaintiff, by the terms of which the privilege was accorded him of obtaining advertisements to be inserted in a souvenir volume, and, as a consideration for such privilege, the defendant agreed, at his own expense, to print and deliver to plaintiff 3,000 copies of the book, and, in addition, to pay 25 per…
1Per curiam
It is evident from a reading of the affidavit, and considering the form of action contemplated, that all the facts necessary to formulate the complaint are within the plaintiff’s knowledge. It may be that, for the purposes of a trial, an examination of the defendant may be necessary; but, in order to prepare a complaint, no facts in addition to those that the plaintiff swears to would be necessary, assuming, as the portions of the affidavit quoted would seem to indicate, that the plaintiff intends to bring a suit in equity for specific performance and an accounting. The plaintiff claims,…
2Cited by9 opinions
- Drake v. Weinman & Co.New York Court of Common Pleas · 1895
- Butler v. DukeNew York Supreme Court · 1902
- Rosenbaum v. RiceNew York Supreme Court · 1901
- Clark v. EnnisNew York Supreme Court · 1901
- Dreyfus v. BernhardAppellate Division of the Supreme Court of the State of New York · 1898
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