Poole v. Means

Appellate Division of the Supreme Court of New York

Poole v. Means

144 A.D. 155, 128 N.Y.S. 751, 1911 N.Y. App. Div. LEXIS 1645

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

DecidedApril 7, 1911

StatusPublished

Cited by2 cases

This text of 144 A.D. 155 (Poole v. Means) 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

Poole v. Means, 144 A.D. 155, 128 N.Y.S. 751, 1911 N.Y. App. Div. LEXIS 1645 (N.Y. Ct. App. 1911).

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Opinion

Scott, J.:

Appeal from an order vacating an order for the examination of plaintiff before trial.

The action is for damages for the breach of a promise to marry. The defendant by way of affirmative defenses sets forth certain acts alleged to have been committed by plaintiff which, if proven, will probably constitute at least a partial defense to her cause of action. These acts defendant will be entitled to prove upon the trial, and the plaintiff is certainly a competent witness to prove them. We think that defendant was entitled to examine her before trial tó establish the facts which he alleges in defense.

The order appealed from must be reversed and the motion denied. The date for the examination to. proceed will be inserted in the order, which must be settled on notice.

Ingraham, P. J., McLaughlin, Miller and Dowling, JJ., concurred. •

Order reversed and motion denied; date for examination to be fixéd on settlement of order. Settle order-on notice,

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Scott, J.:

Appeal from an order vacating an order for the examination of plaintiff before trial.

The action is for damages for the breach of a promise to marry. The defendant by way of affirmative defenses sets forth certain acts alleged to have been committed by plaintiff which, if proven, will probably constitute at least a partial defense to her cause of action. These acts defendant will be entitled to prove upon the trial, and the plaintiff is certainly a competent witness to prove them. We think that defendant was entitled to examine her before trial tó establish the facts which he alleges in defense.

The order appealed from must be reversed and the motion denied. The date for the examination to. proceed will be inserted in the order, which must be settled on notice.

Ingraham, P. J., McLaughlin, Miller and Dowling, JJ., concurred. •

Order reversed and motion denied; date for examination to be fixéd on settlement of order. Settle order-on notice,

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Bluebook (online)

144 A.D. 155, 128 N.Y.S. 751, 1911 N.Y. App. Div. LEXIS 1645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poole-v-means-nyappdiv-1911.

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