Dyett v. Seymour — 19 N.Y. St. Rep. 714

Majority

p. 714

Arthur Dyett, as Survivor, etc., Resp’t v. James M. Seymour et al., App’lts.

(Supreme Court, General Term, First Department,

Filed November 24, 1888.)

Headnote

Examination before trial—Method of obtaining information—When production of books fob inspection will not be ordered before TRIAL.

Upon tlieir examination before trial, the defendants in an action can be compelled to produce their hooks as upon a trial and compelled to, refer to them for the purpose of answering inquiries as upon the trial, and- until' apparent that the information which the plaintiff is entitled to receive earn, not be procured in this way, the production of the defendant’s books for inspection will not be ordered. .

Appeal from order requiring the defendants to produce their books for inspection.

Joseph H. Choate, for app’lts; A. R. Dyett, for resp’t.

In another appeal founded upon the same facts as are disclosed by these papers at the presént term, we have affirmed an order directing the examination of the defendants herein.

This is all the relief that the plaintiff, in our judgment, in the present stage of this action, is elititled to. Upon their examination before trial the defendants, can be compelled to produce their books as upon the trial, and can be compelled to refer to them for the purpose of answering proper inquiries as upon the trial, and thus the plaintiff can procure all the information to which he is entitled.

If it should subsequently appear that the information Which the plaintiff is entitled to receive from his agents cannot be procured in this way, and that an inspection of the books is necessary and requisite, then the plaintiff should have leave'to renew his application for a production of the books.

Order reversed-with ten dollars costs and disbursements to the appellant to abide the final event, and with leave to the plaintiff after the examination of the defendant, or in connection therewith, upon proper cause shown, to apply to the court for an order directing the production of these books for inspection.

Daniels and Bartlett, JJ., concur.