Bloom v. Pond's Extract Co.
The Superior Court of New York City
Motion to vacate an order for the examination of an, officer of a corporation before trial. Action by Moses E. Bloom against Pond’s Extract Co. for breach of contract by defendant to employ plaintiff to paint signs.
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Motion to vacate an order for the examination of an, officer of a corporation before trial. Action by Moses E. Bloom against Pond’s Extract Co. for breach of contract by defendant to employ plaintiff to paint signs. The order for examination directed “that the defendant, through Edward O. Stanley, its treasurer, appear and attend before me, or one of the other judges of the superior court, of the city of New York, on Sept. 8, 1891, at 12 o’clock, noon, at the chambers thereof, at the county court house in said city, and there submit to an examination concerning the matters stated in said…
1Opinion of the CourtMcAdam, J.
The necessity for the examination of the defendant’s treasurer as a witness before trial is that *371the fact sought to be proved, i.e., whether Evans, who made the contract on behalf of the defendant, had authority to make it, is peculiarly within the knowledge of the defendant (24 State Rep. 1005). The plaintiff need not allege that there are no other witnesses by whom the fact may be proved (56 N. Y. Super. Ct. R. 600). The plaintiff has made out a fair case for the examination required (12 Daly, 397 ; De Witt v. McDonald, 1 Civ. Pro. R. 86; 109 N. Y. 81, 82). The examination must pi'oceed on…
2Cases cited9 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Mitchell's CaseNew York Court of Common Pleas · 1861
- Bradley v. De GoicouriaNew York Court of Common Pleas · 1884
- Trustees of Wabash & Erie Canal v. BledsoeIndiana Supreme Court · 1854
- Tibbetts v. SternbergNew York Supreme Court · 1870
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3Cited by1 opinion
- Golin v. Town of MooersNew York Supreme Court · 1889