Goodyear v. Phœnix Rubber Co.
New York Supreme Court
APPEAL from an order made at a special term, denying an application, by the plaintiff, for the examination of the president and secretary of the defendant as witnesses in this action, which was brought for an accounting.
1Opinion of the Court
By the Court, Ingraham, J.
The plaintiff obtained an order, at chambers, to examine the defendants, by their president and secretary. On the return of the order, objection was made to the examination of the president and secretary, .on the ground that they were not the defendants, and the judge denied the application. The plaintiff appealed to this court.
I can see no ground for such an examination. The 390th and 391st sections of the Code evidently refer to an examination of parties, not of the agents, officers or servants of parties to a suit. I should hardly suppose that it ever entered into…
2Cases cited1 opinion
- Place v. Butternuts Woolen & Cotton Manufacturing Co.New York Supreme Court · 1857
3Cited by3 opinions
- People v. . Mutual Gas Light CompanyNew York Court of Appeals · 1878
- People v. Mutual Gas-light Co.The Superior Court of New York City · 1878
- People v. Mutual Gas Light Co.New York Supreme Court · 1878