McCARTHY v. PALMER

No. 218.

29 F.Supp. 585 (1939)

McCARTHY v. PALMER et al.

District Court, E. D. New York.

October 16, 1939.


Attorney(s) appearing for the Case

Thomas J. O'Neill, of New York City, for plaintiff.

Edward R. Brumley, of New York City (Thomas J. Brennan, of Brooklyn, N. Y., of counsel), for defendants.


MOSCOWITZ, District Judge.

During the course of the trial of this action, the Court had occasion to rule that if the plaintiff inspected a document produced by the defendants after demand, the document became admissible on behalf of the defendants even though the plaintiff refused to place it in evidence. Since this rule is at variance with the New York rule as expressed in Carradine v. Hotchkiss, 120 N.Y. 608, 24 N.E. 1020, and Smith v. Rentz, 131 N.Y. 169, 30 N...

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