Public-domain · open source
OpenJurist

57 Misc. 365

Wilson v. Collins

New York Supreme Court

Decided January 15, 1908

New York Supreme Court · decided 1908-01-15

<p>Discovery and inspection — Inspection of hooks, papers and premises — Right to remedy — When allowed in general — What may he inspected.</p> <p>Upon renewal of the motion made in the previoué case, held, that though the picture bore the purported signature of the artist it could not be regarded as a “ document or other paper ” within the meaning of section 803 of the Code of Civil Procedure; and a motion for its inspection must be denied for w^nt of power.</p>

Decided 1908-01-15

Mills, J.

¶1The question whether the picture, as bearing the alleged purported signature of the artist, can be regarded as a document or other paper ” within the meaning of section 803 of the Code of Civil Procedure, was not involved 1 upon the prior motion, because the moving papers then failed *366to show that the picture bore such purported signature. Upon this renewal of the motion such fact- appears, and the question whether or not the picture thereby comes within the above terms of said section has been thoroughly discussed both upon the oral argument and in the briefs. After carefully considering the matter, I am in doubt whether, with such signature, the picture can be regarded as coming within such terms. The painting itself is clearly the principal thing, and the purported signature but an incident. Therefore I am by no means clear that the court has the power to order its inspection; and I conclude that the motion must be denied for want of power.

¶2Motion denied.

/57/misc/365 · .json · Public domain