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

Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1911·Published·Cited by 2 cases

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,

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

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,

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

Pincite

144 A.D. 155 (Poole v. Means) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related