Horst v. D. G. Yuengling Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Paul R. G-. Horst and others against D. G-. Yuengling Brewing Company. From an order vacating an order directing defendant’s president to appear before a referee for examination before trial, and to produce certain books and papers of defendant, plaintiffs appeal. Reversed.
1Opinion of the CourtBarrett, J.
A clear case was made out for the examination of the defendant’s president. It is true that the plaintiffs have in their possession the written contracts upon which they sue, but they have no proof that Yuengling and Moser were authorized by the corporation to execute these contracts on its behalf. Nor have they proof of the assumption by the defendant of such contract obligations. The application was not in the least speculative. It was a proper effort to secure legal evidence, and was fully justified by a declaration óf the defendant’s president to the effect that the contracts in question…
2Cited by10 opinions
- New York City Car Advertising Co. v. E. Regensburg & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- In re SandsAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Estate of SperryNew York Surrogate's Court · 1930
- People v. ArmourAppellate Division of the Supreme Court of the State of New York · 1897
- Singer v. National Gum & Mica Co.Appellate Division of the Supreme Court of the State of New York · 1925
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