Majority
p. 458Anna Frances Travers, Resp’t, v. Herbert L. Satterlee, Ex’r, Impl’d, App’lt. (Supreme Court, General Term, First Department, Filed February 17, 1893.)
Headnote
Discovery — When production op letters will be ordered.Where it does not appear that any harm can come of the production of a letter demanded for inspection, which may be material to the issues involved, its production is properly ordered.
Appeal from an order of the special term directing that the plaintiff be allowed to inspect a letter which she alleges is in the possession of the appellant.
George H. Kracht (Robert E. Deyo, of counsel), for app’lt; Yellott D. Dechert, for resp’t.
We see no reason for interfering with the •order made by the court below. It does not appear that any harm can come of the production of the letter in question. If it is material to any of the issues involved in the suit, then the plaintiff is clearly entitled to an inspection; if it is immaterial, then no harm is done by allowing an inspection thereof. We
p. 459
think, therefore, that the order appealed from should be affirmed, with ten dollars costs and disbursements.
O’Brien and Eollett, JJ., concur.