Richards v. Whiting
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles S. Whiting, from an Order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 28th day of March, 1908, denying the defendant’s motion to modify an order for his examination before trial.
1Opinion of the CourtGaynor, J.
The complaint alleges a contract between the plaintiff and the defendant that all commissions on real estate transactions by the latter with persons introduced to him by the former. should be equally divided: It is conceded that an examination before trial should be had, but contended that it should be limited to* proof of the transactions had with persons so introduced and the commissions earned thereon. The defendant should not be examined to prove the contract or to show,the persons -introduced, it is claimed, for the reason that the plaintiff must have personal knowledge thereof and can…
2Cases cited1 opinion
- Shonts v. ThomasAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by8 opinions
- Continental Securities Co. v. BelmontAppellate Division of the Supreme Court of the State of New York · 1911
- Taylor v. L. C. Smith & Corona Typewriters, Inc.New York Supreme Court · 1942
- Charles v. NickersonAppellate Division of the Supreme Court of the State of New York · 1909
- Edgett v. JenningsAppellate Division of the Supreme Court of the State of New York · 1922
- Merritt v. BelluscioAppellate Division of the Supreme Court of the State of New York · 1910
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