Goldberg v. Roberts
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York,* affirming an order of that court denying a motion to vacate an order for the examination of a party to an action before trial. The action was brought to recover for services rendered under a contract made by Salmi Morse, one of the defendants, with the plaintiff.
Read the full summary
Appeal from an order of the General Term of the City Court of New York,* affirming an order of that court denying a motion to vacate an order for the examination of a party to an action before trial. The action was brought to recover for services rendered under a contract made by Salmi Morse, one of the defendants, with the plaintiff. The complaint alleged that the other defendants were secret co-partners of Morse, and that he acted by their authority in contracting with plaintiff. An order was granted, upon the application of plaintiff, for the examination of George D. Roberts, one of the…
1Opinion of the CourtBeach, J.
The plaintiff was granted by the court below ■ an order for the examination of the defendant appellant for the alleged purpose of proving a copartnership between the defendants, and that the defendant Morse acted by their authority when contracting with the. plaintiff for her services. The order was affirmed by the General Term of the City Court and an appeal taken to this court.
Ther.e has been most frequent expression of judicial opinion .upon the scope of the section of the Code of Civil Procedure giving this right, and the cases where an order for the examination of an adverse party should…
2Cases cited2 opinions
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- Shepmoes v. BowssonNew York Court of Common Pleas · 1877
3Cited by4 opinions
- Fatman v. FatmanNew York Court of Common Pleas · 1892
- Douglass v. MeyerThe Superior Court of New York City · 1892
- Douglass v. MeyerThe Superior Court of the City of New York and Buffalo · 1892
- Wahle v. McMillanNew York Court of Common Pleas · 1893