Meredith v. Dodd

Appellate Division of the Supreme Court of New York

Meredith v. Dodd

160 A.D. 917, 145 N.Y.S. 662

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

DecidedJanuary 15, 1914

StatusPublished

This text of 160 A.D. 917 (Meredith v. Dodd) 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

Meredith v. Dodd, 160 A.D. 917, 145 N.Y.S. 662 (N.Y. Ct. App. 1914).

Pincite

Opinion

Per Curiam:

The burden of proving his allegation of lack of consideration is on the defendant, and he has the right to examine the plaintiff to prove such affirmative defense. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion to vacate the order for plaintiff’s examination denied, with ten dollars costs; the date for the examination to be fixed in the order. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion to vacate order denied, with ten dollars costs; the date for the examination to be fixed in the order. Order to be settled on notice.

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Per Curiam:

The burden of proving his allegation of lack of consideration is on the defendant, and he has the right to examine the plaintiff to prove such affirmative defense. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion to vacate the order for plaintiff’s examination denied, with ten dollars costs; the date for the examination to be fixed in the order. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion to vacate order denied, with ten dollars costs; the date for the examination to be fixed in the order. Order to be settled on notice.

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Bluebook (online)

160 A.D. 917, 145 N.Y.S. 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meredith-v-dodd-nyappdiv-1914.