McGuffin v. Dinsmore
The Superior Court of New York City
Motion for the examination of defendant before trial. This action was brought by John M. McGruffin against William B. Dinsmore, president of the Adams Express Company, to recover $20,000 damages for false imprisonment and maiicious prosecution, and special damages by reason of the alleged publication in certain New York newspapers, by the defendant’s company, of the arrest.
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Motion for the examination of defendant before trial. This action was brought by John M. McGruffin against William B. Dinsmore, president of the Adams Express Company, to recover $20,000 damages for false imprisonment and maiicious prosecution, and special damages by reason of the alleged publication in certain New York newspapers, by the defendant’s company, of the arrest. The complaint alleged the arrest, &c., to have been made by David B. Barnum, the cashier of the company, one Pinkerton, and other officers and agents of the company, and, upon information and belief, that such acts of such…
1Opinion of the CourtSanford, J.
The conclusions at which I have arrived, after a careful examination of the papers submitted, are:
(1.) That William B. Dinsmore is the only “party ” defendant in this action, notwithstanding that he is sued in his representative capacity as president of an association consisting of numerous individuals (Woods v. De Figaniere, 1 Robt. 607).
(2.) That, as such party, he maybe examined, and his deposition may be taken at the instance of the plaintiff, an adverse party, at any time before the trial, as prescribed in article first, of title III, of chapter IX,' of the Code of Civil Procedure,…
2Cases cited1 opinion
- People ex rel. Valiente v. DyckmanThe Superior Court of New York City · 1862
3Cited by14 opinions
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Drake v. Weinman & Co.New York Court of Common Pleas · 1895
- Saxer v. Democratic County CommitteeNew York Supreme Court · 1936
- People ex rel. Winchester v. ColemanNew York Supreme Court · 1889
- Mauthey v. Wyoming County Co-Operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
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