Searle v. Halstead & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clifford H. Searle, 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 12th day of May, 1910, granting the defendant’s motion for the direction-of the court on several questions certified by a referee herein,-and denying the plaintiff’s motion to compel an officer of the defendant to answer certain questions and to compel the defendant to perform certain acts…
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Appeal by the plaintiff, Clifford H. Searle, 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 12th day of May, 1910, granting the defendant’s motion for the direction-of the court on several questions certified by a referee herein,-and denying the plaintiff’s motion to compel an officer of the defendant to answer certain questions and to compel the defendant to perform certain acts and suffer certain penalties.
1Opinion of the Court
Dowling, J.:
In this action an order was obtained for the examination of the' defendant, as an adverse party, on March 12, 1909. Thereunder, four of its officers were required to appear before a referee therein named for examination, pursuant to.section 873'of the Code of Civil Procedure. Subsequently, on February 21, 1910, another order was obtained for the examination of George L. Lyon,.late secretary of the defendant corporation, pursuant to sections 871, 872 and 873 of the Code of Civil Procedure, before the same referee, who had theretofore been appointed under the prior order.
The…
2Cases cited2 opinions
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Jacobs v. Mexican Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- McGowan v. EastmanNew York Court of Appeals · 1936
- Clarke v. American Press Ass'nNew York Supreme Court · 1938
- Searle v. Halstead & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Vicherek v. PapanekAppellate Division of the Supreme Court of the State of New York · 1953
- Williams v. SnowmanNew York Supreme Court · 1913