F. Garia Bro. & Co. v. Salomon
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by F. Garia Bro. & Co. against Gustav Salomon and others. From an order denying a motion to vacate an order for examination of a defendant before trial, defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
The action is brought by a principal against its agents to recover insurance moneys received by the agents for the destruction of its goods shipped when in their control or subject to their dominion as agents; and an examination before trial was sought in order that the plaintiff might obtain the testimony of one *509of the defendants as to the manner in which the goods were shipped, and as to the companies by whom the insurance moneys were paid. The necessity and materiality of this evidence for use upon the trial, and the fact of the agent’s peculiar knowledge, sufficiently appear from the…
2Cases cited3 opinions
- Whitman v. KeileyAppellate Division of the Supreme Court of the State of New York · 1901
- Commercial Publishing Co. v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1901
- Insurance Press v. Montauk Fire Detecting Wire Co.Appellate Division of the Supreme Court of the State of New York · 1902