King v. . Leighton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth 'judicial department, affirming an order of Special Term appointing a referee to. take “ the testimony of defendant and such other persons as shall be subpenaed before him relative to the existence, custody, disposition and control of the books and papers ” of the firm of Thomas Leighton & Co. This action was brought for an accounting as to the partnership business of said firm of Thomas Leighton & Co.,…
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Appeal from order of the General Term of the Supreme Court in the fourth 'judicial department, affirming an order of Special Term appointing a referee to. take “ the testimony of defendant and such other persons as shall be subpenaed before him relative to the existence, custody, disposition and control of the books and papers ” of the firm of Thomas Leighton & Co. This action was brought for an accounting as to the partnership business of said firm of Thomas Leighton & Co., of which firm the parties were the partners. Upon an affidavit showing the necessity of his having the books and papers…
1Opinion of the CourtJohnson, J.
If the Supreme Court had power to make the order appealed from, the question whether it should be made in the particular case presented involved the exercise of a discretion not reviewable in this court. The provisions of the Revised Statutes in respect to the discovery of books and papers were introduced to remedy the defects of power in common-law courts over that subject. Originally confined to the Supreme Court, they were extended to certain other courts by chapter 38 of the Laws of 1841; but they neither conferred or controlled the power of the Court of Chancery. That court acted by…
2Cases cited3 opinions
- Hodgskin v. Atlantic & Pacific RailroadNew York Court of Common Pleas · 1869
- Cockey v. HurdThe Superior Court of New York City · 1873
- Cockey v. HurdThe Superior Court of New York City · 1872
3Cited by10 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- Wertheim v. GrombeckerAppellate Division of the Supreme Court of the State of New York · 1930
- Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917
- Davies v. Lincoln National BankNew York Supreme Court · 1888
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