¶1This motion is properly made, and the order-granted by Mr. Justice BARRETT should be sustained. The inspection and examination of the books is allowed, and, under section 807, Code Civil Proc., they must be 'deposited with Mr. John B. Pine, who is named as referee, to direct and superintend. The inspection and discovery must be made within 20 days.
23 N.Y.S. 714
Bundschu v. Simon
Decided January 24, 1893
New York Supreme Court · decided 1893-01-24
Action by Charles Bundschu and another against Barabas Simon •and others to set aside a chattel mortgage and an alleged preference in an assignment by one of defendants for the benefit of his creditors. Before trial, plaintiffs petitioned for an order requiring the books of defendant Simon to be deposited with a referee for inspection. The preliminary order was granted, and, defendants not -having so deposited the books, plaintiffs now move to make the order absolute..
Motion granted · Decided 1893-01-24