Bloom v. Patten — 32 N.Y. St. Rep. 416

Majority

p. 416

Jacob E. Bloom, Resp’t, v. Francis Jarvis Patten et al., App’lts.

(New York Superior Court, General Term

Filed June 27, 1890.)

Headnote

Examination before trial — When will not be granted.

An examination of defendants before trial and a discovery of their books and papers will not be granted to enable plaintiff to amend his complaint, where the papers show that he has sufficient knowledge of the facts constituting his cause of action, and' that his object is to obtain information concerning an anticipated defense, and to find out whether the cause of action can be extended to other parties.

Appeal from order for defendants’ examination.

Semple & Cahill, for app’lt; Jacob JS. Bloom, in pro. pers., resp’t.

The papers on which the defendants were ordered to appear and submit to an examination before trial, and to make a discovery of their books and papers, claimed that such examination and discovery were";necessary to enable the plaintiff to amend his complaint The test, therefore, is whether a necessity was shown for the purpose ■ stated.. The proof fails to establish such a necessity. From all that appears by the affidavits on both sides it is evident that the plaintiff has sufficient knowledge of the facts constituting his alleged cause of action, and that his object is to obtain information concerning an anticipated defense, and to find out whether the cause of action cannot be extended to other parties.

The order should be reversed, with ten dollars costs and disbursements.

Truax, J., concurs.