Smith v. Webaco Oil Co.

In this action for the possession of a certificate of stock, the cause of action is based on a wrongful detention after a demand. (Wagman v. Raynor, 163 App. Div. 68.) The order directs defendant’s president to submit to an examination as to the manner in which the defendant came into possession of the certificate and as to the value of the stock interest which it represents. Under the form the pleadings have taken, the manner in which the defendant came into possession of the certificate is not a necessary element of plaintiff’s cause of action. It is, however, necessary for the plaintiff to…