Anderson v. Lisman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius L. Anderson, who sues on his own behalf, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 28th day of October, 1908, vacating an order for the examination of the respondents before trial.
1Opinion of the Court
Per Curiam :
We think that the affidavit upon which the order for the examination . of the individual defendants was granted was sufficient to sustain the order. The basis of the action is .the contract between the Detroit Southern Railway Company and the Iron Railway Company. The defendants admit that there was such a contract, but deny that it is correctly set forth by plaintiff. He is certainly *135entitled to examine them to find out what the actual contract was. We think also that it is made apparent that defendants have knowledge as to the payment and disposition of the consideration. At…
2Cases cited1 opinion
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- People's Coat, Apron & Towel Supply v. LightAppellate Division of the Supreme Court of the State of New York · 1915
- Zeitz v. CookAppellate Division of the Supreme Court of the State of New York · 1913
- Zeitz v. CookAppellate Division of the Supreme Court of the State of New York · 1913