Rosenthal v. Jackson
Cases that cite this one
1 later published case cites this decision.
- White v. Improved Property Holding Co. (Appellate Division of the Supreme Court of New York 1909)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
From the papers it appears that the plaintiff has sufficient knowledge to frame a complaint to compel the defendants to account for such moneys as they had received and for which they were accountable to the plaintiff’s testator. She is not entitled to an examination of the defendants before serving her complaint for the purpose of determining whether she has a cause of action.
The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion to vacate the order for the examination of the defendants granted.
Present — Ingraham, McLaughlin, Clabke, Houghton and Scott, JJ.
Dissenting Opinion
I dissent on the ground that the plaintiff was entitled to examine the defendants to ascertain the terms of the trust under which it is conceded that they held certain moneys, and of which, according to' the moving papers, she has no knowledge.
Order reversed, with ten dollars costs and disbursements, and motion granted. 1
Case-law data current through December 31, 2025. Source: CourtListener bulk data.