Searle v. Halstead & Co.
New York Supreme Court
Three motions: (1) Certificate by referee .asking questions as-to his duties in examination under section 872, Code of Civil Procedure. (2) Motion by plaintiff to compel answers to certain questions. (3) Motion by defendant for reference to hear and determine.
1Opinion of the CourtWhitney, J.
In this action, which is for commissions upon sales of “Verifine” lard, a referee was appointed to take the depositions of four officers of the defendant corporation, under section 873 of the Code of Civil Procedure. The referee subsequently subpoenaed one of them to produce certain papers belonging to the corporation “ for the purpose of having them examined by the witness during his examination to refresh his recollection.” The object of obtaining this subpoena was evidently to secure in this manner the equivalent of a discovery, which it seems cannot be had when defendant is a foreign…
2Cases cited6 opinions
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Boisnot v. WilsonAppellate Division of the Supreme Court of the State of New York · 1904
- Chartered Bank of India v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Snell v. . Niagara Paper MillsNew York Court of Appeals · 1908
- Lindner v. StarinAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by1 opinion
- Searle v. Halstead & Co.Appellate Division of the Supreme Court of the State of New York · 1910