Kane v. Clarke

Court: New York Supreme Court
Date filed: 1885-02-15
Citations: 1 How. Pr. (n.s.) 270
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Lead Opinion
Merwin, J.

It seems to me that this order cannot stand. The complaint is on a promissory nota No answer has been put in. The plaintiff seeks to examine defendant as to the consideration of the note.

There is nothing to show what the. defense is to be. The plaintiff should, I think, show a reasonable expectation on his part that the consideration is to be denied. This he has not done.

Motion to set aside granted, with costs of motion.