Davies v. Lincoln National Bank
New York Supreme Court
' Action by plaintiff, as receiver of the property of the firm of Grant & Ward, against the Lincoln National Bank, to recover a penalty for the alleged taking by the bank of usurious interest on loans made to the firm of Grant & Ward.
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' Action by plaintiff, as receiver of the property of the firm of Grant & Ward, against the Lincoln National Bank, to recover a penalty for the alleged taking by the bank of usurious interest on loans made to the firm of Grant & Ward. An order was made for the examination before trial of Thomas L. James, the president of the bank, in relation to facts pertinent to the action, and requiring him to produce the books of the bank relating to transactions with the firm of Grant & Ward. Tiie defendant moves to vacate such order.
1Opinion of the CourtAndrews, J.
I suppose the examination of Mr. James was ordered under subdivision 7 of section 872 of the Code, which provides that, “if the party sought to be examined is a corporation, the affidavit shall state the names of the officers or directors, or any of them, whose testimony is necessary or material,” etc. The party sought to be examined in this case, and whose books are to be produced, is not Mr. James, but the bank, which is the defendant, and the sole object of the examination is to obtain evidence that the bank has taken usurious interest. The taking such usurious interest, if proved, will…
2Cases cited2 opinions
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- King v. . LeightonNew York Court of Appeals · 1874
3Cited by1 opinion
- Wallace v. Syracuse, B. & N. Y. RailroadAppellate Division of the Supreme Court of the State of New York · 1898