Tolson v. Schmidt

Full title: ARTHUR N. TOLSON, Appellant, v . FREDERICK SCHMIDT, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 1, 1910

139 App. Div. 898 (N.Y. App. Div. 1910)

Opinion

June, 1910.

Present — Ingraham, P.J., McLaughlin (dissenting), Laughlin, Scott and Dowling, JJ.

Order affirmed, with ten dollars costs and disbursements. No opinion.

McLAUGHLIN, J. (dissenting):

I dissent, upon the ground that there is nothing in the moving papers to show that the examination of the plaintiff is necessary or material for the establishment of the defendant's defense.