Loewy v. Gordon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris Gordon and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21th day of September, 1908, granting the plaintiff’s motion for an examination of the defendants before trial and for an inspection of their books.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action to recover commissions alleged to have been fraudulently withheld from him by the defendants, who under various contracts running back to 1901, were under obligations to keep track of and to account to him for sales made within the territory assigned to him upon which he was entitled to commissions whether the sales were made by the plaintiff directly or not. He has been granted an order for the examin|tion of the defendants, together with their books, papers, etc., in connection with such examination, and the defendants appeal from such order.
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2Cases cited2 opinions
- Perkins v. . SmithNew York Court of Appeals · 1889
- Shonts v. ThomasAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by7 opinions
- Mossip v. F. H. Clement & Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Cutrona v. Mayor of WilmingtonSupreme Court of Delaware · 1924
- Chirico v. Kings County Savings BankNew York Supreme Court · 1938
- Continental Securities Co. v. BelmontAppellate Division of the Supreme Court of the State of New York · 1911
- Schwartz v. Dell'ossoNew Jersey Circuit Court · 1945
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