Waitzfelder v. A. Moses Sons & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George P. Waitzf elder, 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 18th day of April, 190T, .denying the plaintiff’s motion to vacate a prior order which directed the plaintiff to appear before a referee for examination in order to -enable the respondents, to frame their answer to the amended complaint: .
1Opinion of the Court
Clarke, J.:
The action is brought to recover $10,000 on a nóte alleged to-have been made by the copartnership of A. Moses Sons & Co., ■ indorsed by the defendants for value to the order of one Baron and before maturity.indorsed and transferred by the said Baron to the plaintiff,. The order for examination- provides that the plaintiff be examined as to the facts and. circumstances which are within his knowledge concerning his ownership of the nóte in suit and of the *145facts and circumstances surrounding the delivery of the note to his assignor in order to enable the defendants to frame an answer.
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2Cases cited1 opinion
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908
- Donnelly v. Anderson Brown & Co.District Court, S.D. New York · 1921
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908
- White v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1909
- White v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1909