Oppenheim v. Abbott
New York Supreme Court
Action by Bertha Oppenheim as executrix, against Katherine H. Abbott and another. On motion by defendants to vacate an order for their examination by plaintiff before trial. Denied.
1Opinion of the CourtGiegerich, J.
The question presented on this motion is whether an order heretofore obtained by the plaintiff for the examination of the defendants ought to stand or be vacated. The purpose of the examination is to obtain information to enable the plaintiff to frame her complaint. It is undisputed that the plaintiff’s testator conveyed away valuable property, and that the benefit.thereof went, not to him, but to the defendant company, of which the defendant Katherine H. Abbott, otherwise known as Katherine F. Hargrave, claims to be the sole stockholder. Her contention seems to be that the plaintiff’s…
2Cases cited2 opinions
- Hill v. McKaneAppellate Division of the Supreme Court of the State of New York · 1906
- Kastner v. KastnerAppellate Division of the Supreme Court of the State of New York · 1900