La Fourrure v. Newman
This text of 150 A.D. 920 (La Fourrure v. Newman) 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.
Opinion
The plaintiff seeks the examination of defendant for the purpose of establishing the allegations of the amended complaint and reply. The burden rests upon it of proving these allegations and it is entitled to do so by any legal evidence, including the testimony of the defendant, if the evidence can be extracted from him. It is no answer to say that the plaintiff can prove its allegations otherwise. It has the right to prove them by defendant, if it elects to do so. The order appealed from should be reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Ingraham, P. J., McLaughlin, Clarke and Dowling, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
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Cite This Page — Counsel Stack
150 A.D. 920, 134 N.Y.S. 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-fourrure-v-newman-nyappdiv-1912.