22 N.Y.S. 386 | The Superior Court of the City of New York and Buffalo | 1893
A ground taken below and on the present argument was that, under the pleadings, the plaintiff would be called upon to prove “only whether the plaintiff introduced the business described in the complaint to the defendants, as alleged in paragraph 12, and whether the defendants agreed to pay the plaintiff $59,000 for his services in introducing said business to them, and in connection therewith.” If we assume that this is correct, and if we omit to consider that the plaintiff may have, in his opening case, to show declarations of the defendants as to relevant matters, and which might be contained in the answers to the interrogatories objected to, yet all this will not exclude the right of the plaintiff to prepare for a rebutting case. On the trial
It may be true that the questions called for matters that concern the private business of the witness to be examined. This would not be an objection to the questions if they called for relevant and pertinent testimony. It may also be that the questions called for such a mass of written testimony that it will be a great burden to the witness to produce. This is a thing that will not be injurious to the defendants, and cannot be a ground of appeal. Order affirmed with $10 costs.