Legal Opinion

New York Assets Realization Co. v. Pforzheimer

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1913PublishedCited by 5 opinions

Appeal by the defendant, Carl H. Pforzheimer, 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 22d day of August, 1913, vacating an order for the examination of the plaintiff before trial through the examination of its officers Arthur P. Heinze and Calvin O. Geer.

1Opinion of the Court

Scott, J.:

The action is upon a promissory note made by the defendant in 1905, and given to the firm of J. S. Bache & Co., who, as it is said, delivered it to one Max H. Schultze on behalf of Arthur P. Heinze and the firm of Otto Heinze & Co., of which the said Arthur P. Heinze was a partner, and the said Calvin 0. Geer was an employee. It is further alleged that the note was afterwards assigned to the Western Development Company, and by that company to plaintiff. It is alleged and not denied that both the Western Development Company and this plaintiff are corporations organized for the…

2Cases cited4 opinions

  1. The Distilled SpiritsSupreme Court of the United States · 1871
  2. Constant v. . University of RochesterNew York Court of Appeals · 1888
  3. Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
  4. Jacobs v. Mexican Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by5 opinions

  1. Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
  2. In re the Estate of EbbetsNew York Surrogate's Court · 1933
  3. In Re the Accounting of New York Trust Co.New York Court of Appeals · 1945
  4. American Tobacco Co. v. Riggio Tobacco Corp.New York Supreme Court · 1959
  5. Kelser v. Sacramento Telecasters, Inc.New York Supreme Court · 1960

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