Legal Opinion
Abbott-Downing Co. v. Faber
New York Supreme Court
Decided June 14, 1895PublishedCited by 4 opinions
Appeal from special term, New York county. Action by the Abbott-Downing Company against Eberhard Faber. From an order denying a motion to vacate an order for the examination of a witness before trial, defendant appeals.
1Opinion of the CourtO’Brien, J.
The action now at issue was brought to charge the defendant with the statutory liability for Aling a false report in 1889, while a director of Piercy’s Express Company. The witness sought to be examined is not a party to the action, but it is stated that his testimony is material and necessary, for the reasons, among others, that he—
“Was at the time of the * * * transactions the secretary and treasurer of said express company, and a director thereof, who united with said defendant in the making and filing of its said annual report. * * * Said plaintiff desires to examine said Huber before…
2Cited by4 opinions
- In re the Application of the Attorney-GeneralNew York Supreme Court · 1897
- Burnell v. ColesAppellate Terms of the Supreme Court of New York · 1898
- Ely v. PerkinsNew York Supreme Court · 1908
- Baar v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1923