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1 A.D. 136

Earle v. Beman

Appellate Division of the Supreme Court of the State of New York · decided 1896-07-01

Appeal by the plaintiff, Artemus H. Earle, from an order of the Supreme Court, made at the St. Lawrence Special Term and entered in the office of the clerk of the county of Franklin on the 4th day of September, 1895, requiring the plaintiff to exhibit to the defendant Helen L. Beman and her counsel certain promissory notes, which the complaint alleges were made by Ratlian Beman, the husband of the defendant, pursuant to the defendant’s direction, and indorsed by the…

Decided 1896-07-01

Per Curiam:

¶1We do not think the defendant’s petition shows that she cannot properly frame her answer unless she is allowed to inspect the notes mentioned in the plaintiff’s bill of particulars. She states in the petition in substance that her defense is that she neither made nor authorized the making of the notes sued upon; that she never had their proceeds or any benefit from them, as charged in the complaint, and that the plaintiff has been paid in real estate and money a large sum upon them. She thus has a clear idea of what her answer ought to contain.

¶2We need not consider whether she will, after answer, need an inspection in order to prepare for trial, since her motion is not based upon that ground.

¶3The order is reversed, with ten dollars costs and disbursements, and the motion below is denied, with ten dollars costs.

¶4Present-—-Parker, P. J., Landos, Her win, Putnam and Herrick, JJ.

¶5Order reversed, with ten dollars costs and disbursements, and motion below denied, with ten dollars costs.

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