In re Schoeller
Appellate Division of the Supreme Court of the State of New York
Appeal by George W. Slingerland 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 22d day of May, 1902, denying his motion to vacate an order for his examination as a party for the purpose of enabling the petitioner to frame her complaint.
1Opinion of the Court
McLaughlin, J.:
On the 16th of July, 1901, the applicant was run into by an express wagon, upon which appeared the name “ Century Express ” and she subsequently brought an action against one George W. Slingerland to recover damages for personal injuries sustained, upon the theory that he, doing business under the name .of the Century Express, was responsible for them. Slingerland interposed an answer in which he denied his liability or that he was at the time the applicant was injured doing business under that name. The plaintiff thereupon discontinued the action and subsequently obtained an…
2Cases cited1 opinion
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Ellett v. YoungAppellate Division of the Supreme Court of the State of New York · 1904
- Akhurst v. National Starch Co.New York Supreme Court · 1909
- Boyle v. Municipal Gas Co.New York Supreme Court · 1916
- In re BeschNew York Supreme Court · 1910
- In re SingerNew York Supreme Court · 1903