Legal Opinion

Western Elevating Ass'n v. Chapman

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1933PublishedCited by 7 opinions

1Opinion of the CourtEdgcomb, J.

Defendants contest the propriety of an order permitting the plaintiff to take the testimony of Levi S. Chapman, one of the defendants, and of Elmer T. Eshelman and Joseph S. Carter, former officers of the defendant First Trust and Deposit Company, before trial, and requiring each defendant to produce upon such examination all books, records and data in any way relating to the matters covered by the examination, for the purpose of refreshing the recollection of the persons to be examined.

Section 288 of the Civil Practice Act provides that any party to an action may cause the testimony of the…

2Cases cited5 opinions

  1. Sands v. ComerfordAppellate Division of the Supreme Court of the State of New York · 1925
  2. Singer v. National Gum & Mica Co.Appellate Division of the Supreme Court of the State of New York · 1925
  3. Mauthey v. Wyoming County Co-Operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  4. Bray v. JevonsAppellate Division of the Supreme Court of the State of New York · 1925
  5. Schmitt v. Neapolitan Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1925

3Cited by7 opinions

  1. McGowan v. EastmanNew York Court of Appeals · 1936
  2. In re the Estate of RiegelmanNew York Surrogate's Court · 1958
  3. Bienenfeld v. Mortgage CommissionCity of New York Municipal Court · 1936
  4. Clarke v. American Press Ass'nNew York Supreme Court · 1938
  5. McDivitt v. S. S. Kresge Co.Appellate Division of the Supreme Court of the State of New York · 1981

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