Immig v. Haesloop

New York City Court

Immig v. Haesloop

14 N.Y.S. 638, 38 N.Y. St. Rep. 490, 1891 N.Y. Misc. LEXIS 2442

DecidedMay 26, 1891

StatusPublished

This text of 14 N.Y.S. 638 (Immig v. Haesloop) is published on Counsel Stack Legal Research, covering New York City Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Immig v. Haesloop, 14 N.Y.S. 638, 38 N.Y. St. Rep. 490, 1891 N.Y. Misc. LEXIS 2442 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Per Curiam.

This is an appeal from an order denying a motion to vacate a prior order for the examination of the plaintiff before trial. The application for the examination was made by the defendant before issue was joined, in order to prepare his answer, and to prove his defense. It is apparent, from •the affidavit of the defendant, that the answer will be a general denial, "and that any information given by the plaintiff will in no wise help him in preparing his answer. If the defendant desired a statement of the account, he could obtain a bill of particulars. We think that the application was premature, and that the examination was not necessary. Order reversed, with $10 costs and disbursements, and motion granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This is an appeal from an order denying a motion to vacate a prior order for the examination of the plaintiff before trial. The application for the examination was made by the defendant before issue was joined, in order to prepare his answer, and to prove his defense. It is apparent, from •the affidavit of the defendant, that the answer will be a general denial, "and that any information given by the plaintiff will in no wise help him in preparing his answer. If the defendant desired a statement of the account, he could obtain a bill of particulars. We think that the application was premature, and that the examination was not necessary. Order reversed, with $10 costs and disbursements, and motion granted.

Cite This Page — Counsel Stack

Bluebook (online)

14 N.Y.S. 638, 38 N.Y. St. Rep. 490, 1891 N.Y. Misc. LEXIS 2442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/immig-v-haesloop-nycityct-1891.