American Woolen Co. v. Altkrug
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the American Woolen Company of New York, 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 16th day of May, 1910, denying the plaintiff’s motion to vacate an order for the examination of two witnesses before trial.
1Opinion of the Court
Miller, J.:
The action is brought for goods sold and delivered. The answer sets up sixty-five counterclaims, and the defendant desires to examine two employees of the plaintiff to obtain testimony to establish said counterclaims and to ascertain the names of witnesses. The order is sought to be justified on the ground that the magnitude of the plaintiff’s business is such that only its employees have knowledge of the particular matters in issue.
The right to examine a witness before trial and the right to examine a party depend upon entirely different grounds. Subdivision 5 of section 872 of…
2Cases cited1 opinion
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by8 opinions
- In re the Estate of RubinNew York Surrogate's Court · 1936
- In re the Estate of SwahnNew York Surrogate's Court · 1936
- Redfield v. National Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Scheff v. LewisAppellate Division of the Supreme Court of the State of New York · 1920
- Bramer v. First National BankAppellate Division of the Supreme Court of the State of New York · 1919
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