Kane v. Clarke

New York Supreme Court

Kane v. Clarke

1 How. Pr. (n.s.) 270

DecidedFebruary 15, 1885

StatusPublished

This text of 1 How. Pr. (n.s.) 270 (Kane v. Clarke) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kane v. Clarke, 1 How. Pr. (n.s.) 270 (N.Y. Super. Ct. 1885).

Pincite

Opinion

Merwin, J.

It seems to me that this order cannot stand. The complaint is on a promissory nota No answer has been put in. The plaintiff seeks to examine defendant as to the consideration of the note.

There is nothing to show what the. defense is to be. The plaintiff should, I think, show a reasonable expectation on his part that the consideration is to be denied. This he has not done.

Motion to set aside granted, with costs of motion.

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Merwin, J.

It seems to me that this order cannot stand. The complaint is on a promissory nota No answer has been put in. The plaintiff seeks to examine defendant as to the consideration of the note.

There is nothing to show what the. defense is to be. The plaintiff should, I think, show a reasonable expectation on his part that the consideration is to be denied. This he has not done.

Motion to set aside granted, with costs of motion.

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Bluebook (online)

1 How. Pr. (n.s.) 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kane-v-clarke-nysupct-1885.