Town of Hancock v. . First National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made at the September term, 1882, which affirmed an order of the county judge of Chenango county denying an application of the plaintiff for the examination before trial of John E. Van Wagenen and J. Fred. Sands, and vacating an order theretofore granted directing their examination.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made at the September term, 1882, which affirmed an order of the county judge of Chenango county denying an application of the plaintiff for the examination before trial of John E. Van Wagenen and J. Fred. Sands, and vacating an order theretofore granted directing their examination. This action was brought to test the validity of certain town bonds purporting to have been issued by plaintiff. The complaint asked to have them adjudged invalid, and that the holders be compelled to deliver them up for…
1Opinion of the CourtFinch, J.
The order of the county judge vacating so much of the original order as directed the examination of Van Wagenen and Sands was properly affirmed by the General Term.
The Bank of Oxford, of which these persons were officers, was a party defendant, but no order for its examination was asked for or made. No ^desire to examine that corporation was expressed, and no facts stated which rendered it necessary. Those which were stated related to the individual action of Van Wagenen and Sands, and not at all to the corporate action of the bank. The allegations were that Van Wagenen had testified that he…
2Cited by29 opinions
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- Roth v. ScruggsSupreme Court of Alabama · 1925
- Gates v. Wendling Nathan Co.California Court of Appeal · 1938
- Orchard Park Central School District v. Orchard Park Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
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