Shumaker v. Doubleday, Page & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by" the defendant, Doubleday, Page & ■ Company, from so much of an order of the Supreme- Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the ,15th day of October, 1906, as denies1 the defendant’s motion to vacate an order for examination before trial.
1Opinion of the Court
Scott, J.:
The order for examination, which the order appealed from refused to vacate, is addressed to Frank FL Doubleday, president, and Samuel A. Everitt, treasurer, of the defendant corporation. It does not purport to require the company to be examined, but runs against its officers individually. It has recently been decided by this court that there is no authority for such an examination of an officer of a corporation as such, apart from the examination of the corporation itself. (Jacobs v. Mexican Sugar Refining Co., Ltd., No. 2, 112 App. Div. 658.) For this reason alone the motion to…
2Cases cited1 opinion
- Jacobs v. Mexican Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Loonsk Bros. v. MednickAppellate Division of the Supreme Court of the State of New York · 1935
- Educational Films Corp. v. Lincoln & Parker Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Meade v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1907