Legal Opinion

Tobias v. North American Importing Co.

New York Supreme Court

Decided May 15, 1928PublishedCited by 3 opinions

1Opinion of the CourtLewis, J.

Defendants oppose this application for examination before trial because the information sought to be elicited as to items 4 to 10 would tend to incriminate them. They urge that People’s Coat, Apron & Towel Supply v. Light (168 App. Div. 142) and Baar v. U. S. Fidelity & Guar. Co. (206 id. 412) support the claim that a litigant will not be compelled to submit to examination and be there forced to claim his privilege unless there are matters concerning which he will be called upon to testify that will have no tendency to incriminate him. In the People’s Coat, Apron & Towel Supply case the court…

2Cases cited4 opinions

  1. Heit & Weisenthal, Inc. v. Gustave LightAppellate Division of the Supreme Court of the State of New York · 1926
  2. People's Coat, Apron & Towel Supply v. LightAppellate Division of the Supreme Court of the State of New York · 1915
  3. Ely v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1908
  4. Ely v. PerkinsNew York Supreme Court · 1908

3Cited by3 opinions

  1. Tobias v. North American Importing Co.Appellate Division of the Supreme Court of the State of New York · 1928
  2. Johnson v. Board of EducationNew York Supreme Court · 1970
  3. Langemyr v. CampbellAppellate Division of the Supreme Court of the State of New York · 1967

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