← Cases

Lundberg v. Potter

193 A.D. 885 Court N.Y. App. Div. English

Contents

Majority

p. 885
Henry Lundberg and Others, as Executors, etc., of Theodore B. John
p. 886
son, Deceased, Respondents, v. Ellis G. Potter, Appellant, Impleaded with Seaboard National Bank, Defendant.

Order modified so as to disallow questions numbers 2, 4, 5, 6, 8 and 9; and as so modified affirmed, without costs, upon the ground that the appellant should not be examined as to the details of the account until plaintiff’s right to an account has been first established. (See Del Genovese v. Del Genovese, 149 App. Div. 266 .) Jenks, P. J., Mills, Putnam, Kelly and Jaycox, JJ., concur.