Automobile Club of America v. Canavan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Automobile Club of America, 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 21st day of July, 1908, vacating an order for the examination of one Thomas Shannon as a witness before trial.
1Opinion of the Court
Ingraham, J.:
Upon an affidavit of the plaintiff’s secretary an order was granted directing that one Thomas Shannon appear at the Special Term of this court and be sworn and examined as a witness for the plaintiff. ■From this affidavit it appeared that the plaintiff was a domestic corporation ; that the action was brought to recover a sum of money which, by mistake, had been overpaid by the plaintiff to the defendants. The defense is a general denial. It is then alleged that the testimony of one Shannon is material and necessary for the plaintiff upon the trial of the action as, at the time of…
2Cases cited1 opinion
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by7 opinions
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of RubinNew York Surrogate's Court · 1936
- Redfield v. National Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- The Continental Ins. v. The Equitable Trust Co.New York Supreme Court · 1930
- Barnet v. New York Central & Hudson River RailroadNew York Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.