Williams v. Folsom
New York Supreme Court
Appeal from special term, New York county. Action by Louisa Williams, Helen G. Ward, and Clara A. Helm against Samuel D. Folsom, Thomas W. Folsom, and William H. Folsom to recover $10,500, as part of the proceeds of the sale of an apartment house in the city of New York, the sale of which the plaintiffs had intrusted to the defendants as professional real-estate agents.
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Appeal from special term, New York county. Action by Louisa Williams, Helen G. Ward, and Clara A. Helm against Samuel D. Folsom, Thomas W. Folsom, and William H. Folsom to recover $10,500, as part of the proceeds of the sale of an apartment house in the city of New York, the sale of which the plaintiffs had intrusted to the defendants as professional real-estate agents. The complaint alleges among other things, in substance, that the defendants devised a scheme to buy in the property themselves, or for their own benefit, at an inadequate price; that, in pursuance of this scheme, they withheld…
1Opinion of the CourtVan Brunt, P. J.
It is apparent, from the brief of the respondents in this case, that the ground upon which the order is sought to be upheld is that there is no need for a party making an application for the examination of his adversary before trial to show any special circumstance making it important to take the testimony of such adversary before trial instead of at the trial. We think this is an entirely erroneous view to take of the decisions made upon this point. It is true that the language of the Code may be claimed to be mandatory, but it has been repeatedly held that, taking the whole of the…
2Cases cited1 opinion
- Jenkins v. . PutnamNew York Court of Appeals · 1887
3Cited by15 opinions
- Carter v. GoodNew York Supreme Court · 1890
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Britton v. MacdonaldNew York Court of Common Pleas · 1893
- Glen Cove Manufacturing Co. v. SutroNew York Supreme Court · 1889
- Lewisohn Bros. v. MullerAppellate Division of the Supreme Court of the State of New York · 1896
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