Johnson v. Equitable Life Assurance Society of the United States

Mbmobandum : The decision on the appeal should be withheld and the case remitted to the court at Special Term for further development of the record. On the argument of the appeal, third-party plaintiff-respondent Equitable offered for consideration by this court in the first instance transcripts of examinations before trial of third-party defendant Michigan Tool. On their face these transcripts seem to suggest that third-party defendant had done some business' in New York. No opportunity to amplify by other proof or explain the total effect of its activities in New York has been afforded…