2 Misc. 520 | The Superior Court of New York City | 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 include the right of the plaintiff to prepare for a rebutting case. On the trial it might turn out to be a duty, and the plaintiff could not have relief from the conse
It may be true that the questions call for matters that concern the private business of the witness to he examined. This would not ho an objection to the questions, if they called for relevant and pertinent testimony. It may, also, be that the questions call for such a mass of Avuitten testimony that it Avill he a- great burden to the witness to produce. This is a thing that Avill not he injurious to the defendants, and cannot be a ground of appeal.
Order affirmed, Avith ten dollars costs.
Gie&erioh, J., concurs.
Order affirmed.