Knowlton v. Bannigan
The Superior Court of New York City
Proceedings upon the return of an order for the examination of George W. Cowhas a witness for plaintiffs, before trial. The action was brought by Danforth Knowlton and another against Joseph Bannigan for the breach of a contract of sale, which had been negotiated between the parties by said Cowl as broker.
1Opinion of the CourtTruax, J.
The plaintiffs seek to examine a person not a party to the action, under subdivision 5 of section 878 of the Code of Civil Procedure, for the purpose of enabling them to frame their complaint, and also to examine him “as to any allegation and all facts necessary to prosecute the action.” In 1877 this court decided that a witness not a party to the action could not be examined for the purpose of enabling a plaintiff to frame his complaint (Matter of Bryan, 3 Abb. N. C. 289). Since that time the above subdivision has been amended by the insertion of the words “ or that any other special…
2Cases cited1 opinion
- In re BryanThe Superior Court of New York City · 1877
3Cited by3 opinions
- Akhurst v. National Starch Co.New York Supreme Court · 1909
- Bramer v. First National BankAppellate Division of the Supreme Court of the State of New York · 1919
- Fluchtwanger v. DessarNew York Supreme Court · 1889