Legal Opinion

McClarty v. Giroux

Appellate Division of the Supreme Court of the State of New York

Decided February 17, 1911PublishedCited by 2 opinions

Appeal by the plaintiff, Clint C. McClarty, from 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 9th day of January, 1911.

1Opinion of the Court

Dowling, J.:

This is an appeal from an order denying a motion to vacate an order for the examination of the plaintiff before trial.

The action is brought to recover the sum of $35,000 for services alleged to have been rendered by plaintiff in procuring purchasers for stock in a corporation. The answer of the defendant Giroux contains a general denial of the allegations of the complaint, and by way of a separate defense sets up the Statute of Limitations. The affidavit upon which the order for the examination of plaintiff was obtained shows that the sole purpose of the defendant Giroux is, in…

2Cases cited2 opinions

  1. Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
  2. Lawson v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by2 opinions

  1. McClarty v. GirouxAppellate Division of the Supreme Court of the State of New York · 1911
  2. Strom v. American District Steam Co.New York Supreme Court · 1914

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