Gould v. . McCarty
New York Court of Appeals
The action was brought in the superior court of the city of New-York, to recover damages for the non-delivery of stock in the New-York and Erie Railroad Company, contracted Sept. 27, 1851, by the defendant, to be sold and delivered to the plaintiff.
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The action was brought in the superior court of the city of New-York, to recover damages for the non-delivery of stock in the New-York and Erie Railroad Company, contracted Sept. 27, 1851, by the defendant, to be sold and delivered to the plaintiff. The answer of the defendant alleged that, at the time of the making of the contract, the defendant was not in the actual possession of the certificates or other evidence of shares of the capital stock contracted to be sold, nor was he entitled in his own right, or authorized by any person entitled to sell or transfer the stock, and that the…
1Opinion of the Court
Gardiner, Ch. J.
The revised statutes declare “ that the supreme court shall have power in such cases as shall be deemed proper, to compel any party to a suit pending therein, to produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defense therein.” (2 R. S. 199, § 21.) The twenty-sixth section provides for the case of a party neglecting or refusing to obey an order for such discovery, and among other things, authorizes the court to strike out any plea or notice that may be given. The first section of the act of 1841, “…
2Cases cited1 opinion
- Townsend v. LawrenceNew York Supreme Court · 1832
3Cited by5 opinions
- Rice v. . EheleNew York Court of Appeals · 1874
- Arnold v. Pawtuxet Valley Water Co.Supreme Court of Rhode Island · 1893
- People ex rel. First National Bank v. Board of SupervisorsNew York Supreme Court · 1864
- Rice v. EheleNew York Court of Appeals · 1874
- Knoch v. FunkeThe Superior Court of New York City · 1891