Canet v. Smith

Appellate Division of the Supreme Court of New York

Canet v. Smith

164 A.D. 931

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1914

StatusPublished

This text of 164 A.D. 931 (Canet v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Canet v. Smith, 164 A.D. 931 (N.Y. Ct. App. 1914).

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Opinion

Per Curiam:

We think the plaintiff was entitled to examine the defendant before trial, and that the order vacating the order for such examination should be vacated. The order for examination, however, was improper in requiring the production of the books and papers. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the order for examination modified by striking out the provision requiring the production of the books and papers by the defendant. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and order for examination modified as stated in opinion. Order to be settled on notice.

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Per Curiam:

We think the plaintiff was entitled to examine the defendant before trial, and that the order vacating the order for such examination should be vacated. The order for examination, however, was improper in requiring the production of the books and papers. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the order for examination modified by striking out the provision requiring the production of the books and papers by the defendant. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and order for examination modified as stated in opinion. Order to be settled on notice.

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Bluebook (online)

164 A.D. 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canet-v-smith-nyappdiv-1914.