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58 A.D. 92

Whitman v. Keiley

Appellate Division of the Supreme Court of the State of New York · decided 1901-07-01

Appeal by the defendant, John D. Keiley, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of January, 1901, denying his motion to vacate an order for his examination before trial, and for the production of certain books and papers in connection with the examination.

Decided 1901-07-01

Van Brunt, P. J. (dissenting):

¶1I dissent. ' I think that the plaintiff should -he required to establish her right to an accounting by showing that the relations of trustee and cestui que trust existed during the period covered by the complaint. When she has established this fact she then, as matter of law, would be entitled to an accounting, and upon that accounting she could have all the examination of the defendant which would be necessary.

¶2O’Brien, J., concurred.

¶3Order affirmed, with ten dollars costs and disbursements.

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