¶1This is an appeal from an order for the examination of the defendant Henry J. Pain as a party defendant to ascertain the composition of James Pain & Sons, to the end that the plaintiff may determine the names of the persons who should be made parties defendant in an amended complaint, which is rendered necessary by the answer of the defendants. We think the order was properly made, and should be affirmed, with $10 costs and disbursements.
24 N.Y.S. 583
Baas v. Pain
Decided July 28, 1893
New York Supreme Court · decided 1893-07-28
Action by Helena Baas against James Pain, Henry J. Pain, and John Doe for personal injuries received from a display of fire works made by “James Pain & Sons, London, England, represented by Henry J. Pain.” The action was commenced by service of summons and a complaint on Henry J. Pain. The complaint alleged that a copartnership existed between defendants, which was denied in the answer.
Affirmed · Decided 1893-07-28