Walton v. Godwin
New York Supreme Court
Appeal from special term, New York county. Action by Frank Walton against Parke Godwin, as a director of the American Opera Company, Limited, a domestic corporation incorporated under Laws N. Y. 1875, c. 611. Plaintiff claimed under an assignment to him by Henry Bates of a claim against the corporation for alleged breach of a contract by discharging said Bates from its employ as an opera singer on December 11, 1886. Plaintiff sought to recover from defendant on the ground…
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Appeal from special term, New York county. Action by Frank Walton against Parke Godwin, as a director of the American Opera Company, Limited, a domestic corporation incorporated under Laws N. Y. 1875, c. 611. Plaintiff claimed under an assignment to him by Henry Bates of a claim against the corporation for alleged breach of a contract by discharging said Bates from its employ as an opera singer on December 11, 1886. Plaintiff sought to recover from defendant on the ground that he was liable for the debts of the corporation under the act of 1875, § 21, because he had signed a report of the…
1Opinion of the CourtVan Brunt, P. J.
Although it is true that the general rule is to allow all interrogatories which may be propounded under a commission, leaving the question of the admissibility of the evidence to be determined at the trial, where it can be much better and more intelligently done than upon the settlement of the interrogatories, yet where an interrogatory is clearly irrelevant, and is apparently put for the purpose of eliciting information in no way connected with any issue presented by the pleadings in the action, such interrogatory should not be allowed. Applying this rule to the interrogatories now before…
2Cited by3 opinions
- Shafer v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of DurkanNew York Surrogate's Court · 1936
- In re the Judicial Settlement of the Account of SmithNew York Surrogate's Court · 1913