Varley v. Wayne Oil Tank & Pump Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by William M. Varley against the Wayne Oil Tank & Pump Company. From an order denying a motion to vacate an order obtained by plaintiff ex parte for examination of defendant before trial, defendant appeals.
1Opinion of the CourtLehman, J.
[1] The plaintiff has obtained an order for the examination of the defendant through a person who is alleged to be its manager. The moving affidavit shows affirmatively that the alleged manager has no personal knowledge in regard to the matters upon which he is to be examined, and the purpose of the examination is concededly only to obtain the production of the records of the defendant company, so that they may be offered in evidence under subdivision 7, section 872, of the Code. I think that it is well established that on an examination of an adverse party before trial the books of the party…
Also in this document: Concurrence.
2Cases cited2 opinions
- Beck v. North Packing & Provision Co.Appellate Division of the Supreme Court of the State of New York · 1913
- In re SandsAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Seaboard Air Line Railroad Company v. FordSupreme Court of Florida · 1956